Studycafe | Sep 27, 2019 |
MCA: FAQs Released on Form DIR-3 KYC for Approved DIN Holders
Revised FAQs on DIR-3 KYC
1. Who is required to file DIR-3 KYC form
For Financial year 2018-19 – Any person who has been allotted Director Identification Number (DIN/DPIN) on or before 31st March 2018 and the status of such DIN is Approved, needs to file form DIR-3 KYC to update KYC details in the system on or before 5th October 2018.
For Financial year 2019-20 onwards – Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is Approved, would be mandatorily required to file form DIR-3 KYC before 30th September of the immediately next financial year.
After expiry of the respective due dates, system will mark all non-compliant DINs against which DIR-3 KYC form has not been filed as Deactivated due to non-filing of DIR-3 KYC.
2. Who can file eForm DIR-3 KYC
Any DIN holder who is filing his KYC details for the first time with MCA, must file all KYC details only through eForm DIR-3 KYC. There is no option for such a person to access the web-service for his KYC.
Further, any DIN holder who wants to update any information of his KYC details must update the same through filing of eForm DIR-3 KYC only. Please note that no update in details can be made by accessing the web-service for DIR-3 KYC.
3. Who can file KYC through DIR-3 KYC web-service
Any DIN holder who has already submitted eForm DIR-3 KYC in any of the previous financial years and who does not require update in any of his KYC details as submitted, may perform his annual KYC by accessing DIR-3 KYC web service. No fee is payable up to the due date of each financial year. After the due date, a fee of Rs.5000 shall be payable.
4. Dates to be kept in mind to comply with Annual compliance of KYC
As per the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, every individual who is allotted DIN as on 31st March of a financial year must submit his KYC on or before 30th September of the immediately next financial year.
If the DIN holder does not file his annual KYC within the due date of each financial year, such DIN shall be marked as Deactivated due to non-filing of DIR-3 KYC and shall remain in such Deactivated status until KYC is done with a fee of Rs.5000.
Point to be noted here is that, if the KYC is done in one financial year, it NEED NOT be done again in the same financial year again. Example: DIN issued on 30 Jun 2017. Due date for first KYC to be filed in eForm DIR-3 KYC was 5th October 2018. If the DIN holder does not file the form within the due date, DIN is marked as Deactivated due to non-filing of DIR-3 KYC. Now in case the form DIR-3 KYC is filed with a fee of Rs.5000 before 31st March 2018, KYC will be considered to have been done for the FY 17-18.
However, if the form DIR-3 KYC is filed with a fee of Rs. 5000 on or after 1st April 2018, KYC will be considered to have been done for the FY 18-19 and the DIN holder will remain KYC non-compliant for FY 17-18. Now this DIN holder need not file eForm DIR-3 KYC or access the web service DIR-3 KYC again for FY 18-19.
5. Which details are required to be filled in the form
Name (as per PAN database), Fathers Name (as per PAN database), Date of Birth (DoB) (as per PAN database), PAN Number (mandatory for citizens of India), Personal Mobile number, and Personal Email Address and Permanent/ Present address.
Further, Aadhaar is mandatory, if it is assigned. If not, then Voter ID or Passport or Driving License shall be attached. Accordingly, copy of any one of the above selected information is to be attached.
6. Is it mandatory to enter a unique mobile number and email ID in form DIR-3 KYC
Yes. It is mandatory to enter your personal mobile number and personal email ID in the form DIR-3 KYC and the same has to be verified by an OTP process. Further, the mobile number and email ID must be unique such that it is not already linked with some other person in the DIN holders database.
7. How does the OTP functionality in DIR-3 KYC work
Send OTP button will be enabled only after successful Pre-scrutiny of the form. After successful Pre-scrutiny, user has to click on Send OTP button.
8. 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.
9. I am a disqualified director, am I required to file form DIR-3 KYC
Yes. Any person who has been allotted DIN and where the status of such DIN is Approved, is required to file form DIR-3 KYC. Hence, disqualified directors are also required to file form DIR-3 KYC.
10. 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 due to non-filing of DIR-3 KYC a fee of Rs.500 (Rupees Five Hundred Only) shall be payable from 21st September to 05th October 2018 (Both days inclusive). From 06th October onwards a Fee of Rs.5000 (Rupees Five Thousand Only) becomes payable.
11. My DIN status is Deactivated. Can I file form DIR-3 KYC
Form DIR-3 KYC can be filed for status Deactivated due to non-filing of DIR-3 KYC on payment of fee as above.
12. Whether details entered in the form DIR-3 KYC will update DIN Holders database
Yes. All information as entered in the form DIR-3 KYC shall be updated in the DIN holders database.
13. Whether multiple filing of form DIR-3 KYC is allowed
System will not allow multiple filing of form DIR-3 KYC for an applicant. In case KYC is already filed for a DIN, and such DIN is entered again, system throws an error that the form is already filed.
14. Whether non-resident directors can provide Indian mobile numbers
In case the DIN holder is a resident of India, the address must be an address in India and mobile number must be an Indian mobile number.
In case DIN holder is non-resident, foreign address and foreign number shall only be allowed.
15. What attachments to provide for proof of address
Please refer to Instruction Kit of DIR-3 KYC.
16. 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.
17. OTP not received on email. Why is it so
You may check the Spam folder in your mailbox for the OTP received.
No. Every DIN holder whose DIN has been Deactivated due to Non-filing of DIR-3 KYC has to necessarily file eform DIR-3 KYC or perform KYC through web-service first along with applicable fee. Once the form (DIR-3 KYC) is filed, it is approved on STP basis. On approval, the system will automatically reactivate the DIN. Non-compliant DINs status would remain Deactivated due to Non-filing of DIR-3 KYC.
As per above rules, in such cases, DIR-3 KYC can be filed from 21st September 2018 till 5th October 2018(both days inclusive) with a fee of Rs.500.
20. When will the fee of Rs.5000(Rupees Five Thousand only) become payable applicable
As per above rules, all cases of DIR-3 KYC filed from 6th October 2018 onwards will attract a fee of Rs.5000.
In case you have multiple DINs then you need to retain the oldest DIN and surrender all the latest DINs by filing DIR -5 eform. Please download the latest form DIR-5 from portal and try again.
You are required to file DIR-5 first indicating therein all the DINs that you need to surrender (latest ones) and retain the oldest DIN. Please download the latest form DIR-5 from portal and try again.
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