DIRECTORS KYC

The Government has brought an important amendment in the Companies (Appointment and Qualification of Directors) Rules, 2014 and introduced the concept for KYC of Directors on 5th July, 2018 which inter-alia provides for deactivation of Directors Identification Number (DIN) who does not intimate his KYC particulars to the Ministry in the prescribed form.

Pursuant to Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, Every individual who has been allotted a Director Identification Number (DIN) as on 31^st March of a financial year shall submit e-form DIR-3KYC to the Central Government on or before 30^th April of immediate next financial year.

Where an individual has already submitted e-form DIR-3 KYC in relation to any previous financial year, he may submit web-form DIR-3 KYC-WEB through the web service in relation to any subsequent financial year. In case an individual desires to update his personal mobile or the e-mail address, as the case may be, he shall update the same by submitting e-form DIR-3 KYC only.

Attachments with Form DIR-3KYC

1. Self-attested Copy of PAN card in legible manner
2. Self-attested Copy of Voter Card in legible manner
3. Self-attested Copy of Passport (must in case there is one) in legible manner, Mandatory in case of Foreign National.
4. Self-attested Copy of Driving License in legible manner
5. Self-attested Copy of Aadhaar card in legible manner

Points to kept in mind while filing KYC: –

1. Personal Mobile number and Personal email-id of Director should be provided for OTP verification. Organization email id or Email id with Organisation Domain is not allowed.
2. In case of Indian nationals, Directors details should be as per Income-tax PAN. In case the details as per Income-tax PAN are incorrect, Director/Designated Partner is advised to first correct the details in Income-tax PAN.
3. The aforesaid documents shall be attested by a Chartered Accountant or Company Secretary or Cost Accountant in Practice before submission.
4. In case of directors’ resident outside India, documents are to be apostilled /notarized in the respective country as specified by MCA.
5. A disqualified Director is also required to file DIR-3KYC.
6. e-Form shall be certified by a Chartered Accountant or Cost Accountant or Company Secretary in practice.

 Penalty Provision: –In case, the DIN is not updated in prescribed form, they will be deactivated by Ministry of Corporate Affairs and can be activated only after paying a onetime penalty of Rupees 5,000.

Important Update by MCA –

“DIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as “ACTIVE non-compliant” due to non-filing of Active Company Tagging Identities and Verification(ACTIVE) e-form are encouraged to become compliant once again in pursuance of the General Circular No. 11 dated 24th March, 2020 & General Circular No.12 dated 30th March 2020 and file DIR-3KYC/DIR-3KYC-Web/ACTIVE as the case may be between 1st April, 2020 to 30th September, 2020 without any filing fee of INR 5000/INR 10000 respectively.”