Deepak Gupta | Jul 7, 2018 |
DIR-3 KYC Form Filing, Format, Due date and requirement :As per the statement given this month by MCA Secretary Sh. Injeti Srinivas, MCA has formally announced the Annual KYC Drive through the e-form DIR-3 KYC.
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DIR 3 KYC Due date Extended to 15th Sep 2018
To Download DIR 3 KYC Form click Here
As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC to be notified and deployed shortly.
MCA has notified Companies ((Appointment and Qualification of Directors) fourth Amendment Rules, 2018. These Rules shall came into effect from 10th July, 2018.
A. Who has to File DIR-3 KYC
Every Director who has been allotted DIN as on or before 31st march of a financial year submits e-form DIR-3KYC with central government.
B. What is due date of DIR-3 KYC
Due date of filing of DIR-3KYC is 30th April of Immediate Financial Year
C. What is due date of DIR-3 KYC for the F.Y. ended 31.03.2018
Due date of filing of DIR-3KYC is Extended to 15th September, Earlier Due date was 31st August 2018.
D. Mandatory Information DIR-3 KYC
E. Certification of DIR-3 KYC
F. Whether Disqualified Directors required filing DIR-3 KYC
Yes, Filing of DIR-3 KYC would be mandatory for Disqualified Directors also
G. Effect of director fails to file DIR-3 KYC
MCA 21 system will mark all approved DINs (allotted on or before 2018) against which DIR-3 KYC form has not been filed as Deactivated with reason as Non- filing of DIR-3 KYC
H. Consequences of filing of DIR-3 KYC after due date
After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee of Rs. 5,000/- only, without prejudice to any other action that may be taken
I. If a person not holding Directorship anywhere for whole year or years.Whether such person required to file DIR-3 KYC every financial year
Yes even a person is not holding directorship in any Company, such person also required to file DIR-3 KYC every financial year on or before 30th April.
J. Whether it is mandatory for a person to have DSC to file DIR-3 KYC
Yes It is mandatory to affix DSC of Director on his e-form DIR-3 KYC.
K. Whether email ID / Mobile No of any other person can be mentioned in DIR 3 KYC
Form DIR-3 KYC specifically mentioned about Personal Mobile and Personal Email ID. Therefore, one can opine that Director have to use their own personal mobile No and email ID. Otherwise it shall be default under Rule 12.
NOTE:
1. In case of Indian National, Passport is not mandatory.
2. In case of Foreign National, Passport Is mandatory
L. Who are the signatories in DIR-3 KYC form
The DIN holder and a professional (CA/CS/CMA) certifying the form are the two signatories in form DIR-3 KYC.
Please note that in case of Citizens of India, the PAN mentioned in the DSC is verified with the PAN mentioned in the form.
In case of foreign nationals, the name in the DSC affixed should match with the name entered in the form. DSCs affixed on the form should be duly registered on the MCA portal.
M.What is the fee for form DIR-3 KYC
Form DIR-3 KYC, if filed within the due date of the respective financial year, no fee is payable. However, if filed after the due date, for DIN status Deactivated a fee of Rs.5000 shall be payable.
N.My DIN status is Deactivated. Can I file form DIR-3 KYC
Form DIR-3 KYC can be filed for status Deactivated on payment of fee of Rs. 5000 only if the DIN was deactivated due to non-filing of form DIR-3 KYC.
O. Why is the Send OTP button disabled What is the validity of OTP
Send OTP button remains disabled till successful pre-scrutiny of the form. After successful pre-scrutiny, the form must be saved and only after saving the form, the Send OTP button gets enabled.
Further, please note that, once OTP is successfully sent to the valid mobile number and email ID entered in the form, Send OTP button gets disabled. OTP is valid for 30 minutes.
P.OTP not received on email. Why is it so
You may check the Spam folder in your mailbox for the OTP received.
Following should be course of action for the professional if he certified the e- form DIR-3 KYC.
(Author CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi ).
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
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