Filing DIR 3 KYC under the Companies Act 2013, Who is required to file DIR-3 KYC form?

Filing DIR 3 KYC under the Companies Act 2013: The Ministry of Corporate Affairs has received representations from stakeholders expressing certain difficulties in filing e-form DIR-3 KYC in accordance with Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014. Requests have also been made for extension of period for filing such form.

2. The matter has been examined and it is hereby informed that it is being proposed that every person who has already filed DIR-3 KYC will only be required to complete his/her KYC through a simple web-based verification service, with pre-filled data based on the records in the registry, for ease of verification by the person concerned. However, in case a person wishes to update his mobile no. or e-mail address, he would be required to file e-form DIR-3 KYC, as this facility of updation is not being proposed in the web-based service. In case of updation in any other personal detail, e-form DIR-6 may be filed for updation of the same before completion of KYC through the web-based service.

3. The amendment in the relevant rules including the amendment related to extension of time (allowing for adequate time) for completion of KYC through e-form DIR-3 KYC or the web-based service, as the case may be, is being notified shortly. Stakeholders are advised to take note of the same and file according to the revised notification.

4. This issues with approval of the competent authority.

Which details are required to be filled in the form?

Name (as per PAN database), Father’s 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 Licence shall be attached. Accordingly, copy of any one of the above selected information is to be attached.

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 15th September 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 due to non-filing of DIR-3 KYC’.

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.

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.

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.

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.

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.