FAQ’s DIR-3 KYC – WEBINAR – ICSI – 01.08.2018



FAQ’s DIR-3 KYC – WEBINAR – ICSI – 01.08.2018
DIR – 3 KYC – FAQ’S DATED: 01.08.2018

A.   Time period for validity of OTP.
OTP shall be valid for 15 minutes on email and Mobile.

B.    Whether Aadhar is mandatory for Indian Citizen?
Some DIN holders having this question in the mind because in the form column No. 13 Aadhar Card “no * Mark” and even in attachment column no. 2 Copy of Aadhar card “no * Mark.
However, as per instruction KIT point no. 13 “Aadhar Number Mandatory to enter in case ‘Yes’ selected in field “Whether Citizen of India”  

Therefore, one can opine that if a person is Citizen of India it is mandatory to mention Aadhar No. and attach Aadhar card.

C.   Whether mobile no. or email id can be linked to any other director or certifying professionals.
Email ID and Mobile no. shall be related personally to Director only. It should not be related to professional or any other Director.

D.   Whether a DIN holder can use its official email id instead of Personal email ID?
Email ID should be person email id of the person instead of official email id.

E.    Whether mobile no. of foreign person is mandatory, or whether OTP will be generated on foreign contact no.?
As per-form it is mandatory to mention personal contact no. of person. Therefore, in case of foreign Director his personal contact no. is mandatory to mention.
Second, In case of foreign mobile no. OTP shall be generate and is mandatory to mention in the form.

F.     If foreign citizen resident in Indian can use Indian Mobile No.?
Yes, if a foreign citizen is resident in India, such person can use Indian Mobile No.

G.    Whether ID proof of DIN holder is required to be attested by the professional certifying the form?

As per verification of column professional have to mention that “I have verified and attested the documents of the applicant based on the Originals documents produced before me.” here “Attested” means attestation of documents attached in the form.
Therefore, one can opine that documents i.e. ID proofs attached in the form should be attested by the professional certifying the e-form DIR-3 KYC.



H.   In case of address of DIN holder is different in MCA record from the Aadhar Card, how to proceed?

In such case DIN Holder shall follow the following process:
·         First file e-form DIR-6 and update the latest Address.
·         After filing of DIR-6 file the DIR-3 KYC.

I.       Whether Passport is mandatory for DIR-3 KYC?
·         Passport is mandatory for the Foreign National Person.
·         However, if an Indian person having passport in such case it is mandatory to mention passport No. (As the column no. 11 is star marked and confirming whether such person having passport or not). If such person not having passport then not required

J.      Which rules shall be followed for Attestation?
For attestation of documents “attestation rules as specified in the companies (incorporation) rules shall be followed.

K.    Whether documents of foreign person required to be appostile / notarized/ consularised?
As per MEA guidelines all the documents of Foreign person required to be appostile / notarized/ consularised as per the regulations.

L.     Whether it is mandatory to have engagement from the din holder for certification of form by the practicing professional?
As per-form it is mandatory to engage professional for certification of form.

M. Whether all the documents are required to be self attested by DIN holder?
Yes all the documents of DIN holders are required to be self attested.


(Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com). Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION


Comments

  1. 1. Whether it is mandatory to attach Driving License and Voter ID if any person posses the same ?

    2. If Driving License & Voter ID numbers have filled in the form then whether the same required to be attached ?

    ReplyDelete
    Replies
    1. Revised:

      1. Whether it is mandatory to fill Driving License and Voter ID if any person posses the same ?

      2. If Driving License & Voter ID numbers have filled in the form then whether the same required to be attached ?

      Delete
    2. This comment has been removed by the author.

      Delete
  2. As per my opinion it is not mandatory to attach dl and voter ID card....but if one is mentioning it in the form, it is advisable to attach the same

    ReplyDelete
  3. How to get e-Aadhaar via internet accessHere's a step by step guidance:Visit the website of Aadhaar Kiosk. adhar card download An individual have to select the option then have to click and perform the necessary corrections.

    ReplyDelete

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