Deepak Gupta | Aug 5, 2018 |
DIR-3 KYC : Things you should know before filing DIR-3 KYC :As per the statement given this month by MCA Secretary Sh. Injeti Srinivas, MCA has formally announced the Annual KYC Drive through thee-form DIR-3 KYC.
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.
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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 31st August 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 April 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.
2. 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), Aadhaar Number (mandatory for citizens of India), Personal Mobile number, Personal Email Address, Permanent address and/or Present address as the case may be.
3. 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.
4. 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.
5. Is Aadhaar Number mandatory to file DIR-3 KYC
If the director is a citizen of India, then he should mandatorily enter his Aadhaar number in the form. Suitable message urging the stakeholders to obtain Aadhaar as early as possible for integrating their details with MCA21 was already posted on the MCA21 portal.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. What attachments to provide for proof of address
Proof of address attached to form DIR-3 KYC for both permanent as well as present address shall be in line with the documents specified as Residential Proof in Rule 16(1) of the Companies (Incorporation) Rules, 2014.
14. 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 15 minutes.
15. OTP not received on email. Why is it so
You may check the Spam folder in your mailbox for the OTP received.
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