FAQS on DIR-3 KYC

FAQS on DIR-3 KYC :As DIR-3 KYC introduced by MCA on 14.07.2018. There are some common question mark of professionals and individuals in respect of such form. We endeavor to discuss such question marks in this editorial. A. If a person not having Directorship in any company, however holding DIN. Whether such person required to file e-form DIR- 3 KYC.

As per Rules, every person holding DIN have to file e-form DIR-3 KYC, irrespective whether such person having directorship in any company or not.

Therefore, we can opine that directorship is not any base for filing of DIR-3 KYC; Base for the same is DIN. If person having DIN its mandatory to file DIR-3 KYC.

B. If a person is designated partner in LLP, whether such person is required to file DIR-3 KYC

As we discussed in above question, that DIR-3 KYC is DIN based.

Therefore, if a person is designated partner in LLP such person must have DIN. As such for a person having DIN, it is mandatory for him/ her to file DIR- 3 KYC.

C. If a professional CA/CS/CWA having DIN. Whether he himself can affix his Digital Signature in the capacity of DIN holder as well Professional

As per e-form DIR-3 KYC professional have to certify the following things:

• I declare that I have been duly engaged for the purpose of certification/verification of this form.
• I have satisfied myself about the identity of the applicant

Practically, a person cant work in 2 capacities simultaneously and a person cant engage himself for verification of his details and documents. Therefore, one can opine that form DIR 3 KYC should be digitally signed by 2 different persons.

D. What are the mandatory attachments for DIR-3 KYC (for person other than foreign national)

• Copy of PAN Card, if any
• Permanent Resident Address- Aadhar Card
• Present Resident Address (If same as Permanent address): Aadhar Card
• Present Resident Address (If different from Permanent): Utility Bill (Mobile Bill, Electricity Bill any other document in proof of same)

E. Attachment in the Form in Particular Column

• Proof of Permanent Resident Address-Aadhar Card
• Copy of Aadhar Card-Aadhar Card

F. 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.

G. When OTP shall be generate on mobile and email

OTP shall be generate after prescrutinize of the form. (in other word OTP shall be generate at the end after affixation of DSC, prescrutinize etc)

H. Whether mobile no. of foreign person is mandatoyr, or whether OTP will be generated on foreign contact no. As per form it is mandaotry to mention personal contact no. of person. Therefore, in case of foreign Director his personal contanct no. is mandatory to mention. Second, In case of foreign mobile no. OTP shall be generate and is mandatory to mention in the form. I. Whether a person can mention his official email id instead of personal email id In form 3-4 places it is mentioned that person email id of person required to be mention. However, a person can be dfirector upto 20 companies and form is required to file only for DIN one time in a year. Therefore, one can opine that such individual have to mention his personal email ID instead of official emai id. J. Whether ID proof of foreing persona are required to be appostile or notarized However it is no where mentioned in the form or rules. But as per the past practice one can opine that ID proofs of foreign DIN holders are required to be appostile and notarized as per their country law and treaty of India with them. K. Whether ID proof of DIN holder is requried to be attested by the professional certifying the form As per verification of collumn professional have to mention that I have verified andattested the documentsof 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 documetns i.e. ID proofs attached in the form should be attested by the professional certifying the e-form DIR-3 KYC.

---

(Author CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted [email protected]). 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