DIR-3 Kyc : mandatory compliance for din holders
(An Analysis Of MCA Circulars, Notification,
Laws And Regulation, E-Forms Etc.)
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v Attention:
MCA (Ministry of Corporate Affairs) has recently issued
Companies (Appointment and Qualification of Directors) Third Amendment Rules,
2019 and The Companies (Registration Offices and Fees) Fourth Amendment Rules,
2019 on 25th July 2019 on “dir-3 KYC”.
a. E- Form DIR-3 KYC is to be filed by an individual who holds DIN and
is filing his KYC details for the first
time or by the DIN holder who has already filed his KYC once in eform
DIR-3 KYC but wants to update his details.
b.
Web service DIR-3-KYC-WEB is to be used by the DIN holder who has submitted
DIR-3 KYC eform in the previous financial year and no update is required in his details.
c.
Due date for filing
the KYC form is 30th
September, 2019.
d. Update on Filing the Form: Per day you
can only do 10 Web- KYC from one login. Either wait for next day or use another
Login.
v AbouT Web based dir-3 kyc:
·
Filed by the DIN
Holder:
a.
who has
submitted DIR-3 KYC eform in the previous financial year and
b.
no update is required
in his details.
·
How to file:
Ø LOG IN TO YOUR MCA ACCOUNT
Ø CLICK ON MCA SERVICES TAB
Ø NAVIGATE TO - DIN SERVICES - *DIR 3 KYC WEB*
Ø Enter DIN NO. AND SUBMIT
Ø GENERATE OTP's for EMAIL ID & MOBILE NO.
Ø ENTER THE OTP'S IN THE RESPECTIVE FIELDS
Ø CONFIRM THE DETAILS OF PERSON APPEARING ON SCREEN
Ø CLICK SUBMIT
Ø GENERATE A ZERO RUPEE CHALLAN
Ø CHECK SRN STATUS FOR CONFIRMING THE KYC VERIFICATION.
v
aBOUT e- FORM dir-3 kyc:
·
fILED BY AN INDIVIDUAL:
a. who holds DIN and
b. filing his
KYC details for the first time or
c. by the DIN
holder who has already filed his KYC once in eform DIR-3 KYC but wants to update his details.
vAnalysis of MCA Rules and Circulars:
I. Companies (Appointment and Qualification of Directors) Third
Amendment Rules, 2019
Applicable
: with effect from 25th July, 2019
Key
Highlights:
Changes made
under Rule 11(2) and Rule 12A of the Companies (Appointment and Qualification
of Directors) Rules, 2014 (Given below under the heading “Governing Laws & Regulations”).
II. The Companies (Registration Offices and Fees) Fourth Amendment
Rules, 2019.
Applicable
: with effect from 25th July, 2019
Key
Highlights:
·
Fee payable till the 30th
September of every Financial Year in respect of E-form DIR-3 KYC or DIR – 3 KYC
– WEB through web services, as the case may be, for the immediate preceding
Financial Year.
·
Fee payable in delayed cases is Rs. INR
5000/-
·
Fee payable if the individual failed to file
e-form DIR-3 KYC or DIR-3 KYC-WEB through web service, as the case may be, for
the immediate previous financial -Year (in delayed case) is . INR 5000/-.
III. MCA Notification dated 13.04.2019:
DIR 3 KYC is Annual Compliance: DIN holders are required to file the DIR-3
KYC form every year, so that they are aware of and confirm the data &
information as available in the MCA21 system.
IV. As per MCA General Circular NO.07-2019 on DIR-3 KYC. dt.
27.06.2019
1) 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.
2) 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.
3) 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.
Link for the same:
v Overview:
Ministry of Corporate Affairs has issued circular dated 05th
July, 2018 on Companies (Appointment and Qualification of
Directors) fourth Amendment Rules, 2018 to conduct KYC for all the directors of
companies annually through a new E-form DIR-3 KYC. These rules has came
into effect from 10th July, 2018.
§
Governing Laws & Regulations:
Rule 12A and
Rule 11(2) and 11(3) of the Companies (Appointment and Qualification of
Directors) Rules, 2014.
According
to these rules:
Rule 12A : “Every individual 5 who holds a Director
Identification Number (DIN) as on 31st March of a financial year as per these
rules shall, submit e-form DIR-3-KYC for the said financial year to the Central
Government on or before 30th, September of immediate next financial year.”
where
an individual who has already submitted e-form DIR-3 KYC in relation to any
previous financial year, submits web-form DIR-3 KYC-WEB through the web service
in relation to any subsequent financial year it shall be deemed to be compliance
of the provisions of this rule for the said financial year:
Provided
also that in case an individual desires to update his personal mobile number or
the e-mail address, as the case may be, he shall update the same by submitting
e-form DIR-3 KYC only.
Rule 11(2):
“The
Central Government or Regional Director (Northern Region), or any officer
authorized by the Central Government or Regional Director (Northern Region)
shall, deactivate the Director Identification Number (DIN), of an individual
who does not intimate his particulars in e-form DIR-3-KYC 3 or the web service
DIR-3-KYC-WEB as the case may be within stipulated time in accordance with rule
12A.”
Rule 11(3)
The
de-activated DIN shall be re-activated only after e-form DIR-3-KYC 3 or the web
service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed
under Companies (Registration Offices and Fees) Rules, 2014.
§ Who needs to file DIR-3 KYC?
Ø Every
Director having DIN or who has been allotted DIN and whose DIN is in ‘Approved’
status.
Ø Directors
having disqualified DIN, also have to comply with the aforesaid requirement.
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.
§ Fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB
through the web service under Rule 12A of Companies (Appointment and
Qualification of Directors) Rules, 2014:
·
As provided in Companies (Registration Offices and Fees)
Rules, 2014.
i) Fee payable till the
30th April of every ---- financial year in respect of e-form DIR-3 KYC as at
the 31st March of the immediate previous year.
|
No fee
|
ii) Fee payable (in
delayed case).
|
Rs.5OOO
|
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.5000
(Rupees Five Thousand Only) shall be payable.
§
Documents to us to file your DIR-3
KYC.
ü
Self
attested copy of PAN - Mandatory
ü
Self
attested copy of AADHAAR ,
ü
Self
attested copy of Passport
ü
Self
attested copy of Driver’s Licence (if you have)
ü
Mobile
Number (linked with Aadhaar)
ü
Email
ID (Personal)
ü
Statement, Electricity
bill/ Mobile/Telephone bill - if you have
ü
Digital
Signature Certificate (DSC) is mandatory
§
Consequences of Non-Filing of DIR - 3 KYC
Ø If
a DIN Holder failed to file DIR 3 KYC on due date the he /she will have to pay
Rs. 5,000 as filing fee as penalty.
Ø In
addition to the above penalty, any wrong information provided in the form will
also be liable for penalty under Section 448 and 449 of the Companies Act, 2013
and relevant provisions of the Indian Penal Code 1860.
Ø Further,
a deactivated DIN means a person cannot act as a Director while his DIN is
deactivated and any act done by him/her will be invalid and which might attract
various penalties under Companies Act, 2013.
Important Questions on Filing of DIR-3 KYC
1. 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.
2. 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.
3. In case of having multiple DINs and have not filed DIR-3 KYC for any of the DINs. and
wants to surrender the DIN but while Filling the form DIR-3 KYC, the DIN is not getting Prefilled?
In case you have multiple DINs then you need to retain the oldest
DIN and surrender all the latest DINs by filing DIR -5 e-form.
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Thanks
Nice article. Useful
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