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Kyc Of Directors


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About Kyc Of Directors

Filing DIR-3 KYC is a part of annual KYC conducted by Ministry of Corporate Affairs. MCA has announced mandatory annual KYC for all DIN holder w.e.f. 10th July 2018 by inserting Rule 12A to Companies (Appointment and Qualifications of Directors) Rules, 2014. This compliance is applicable to every individual holding DIN with ‘Approved’ status and also to those who are disqualified.

This being annual requirement, every DIN holder has to fulfill the compliance with respect to every financial year. The common due date for filing is 30th April of immediate next financial year. The last date (i.e. 15th September, 2018) for filing the form for a person holding DIN on or before 31st March, 2018 has been passed. Therefore, DIN of the person who has failed to file the form will be deactivated. To reactivate the DIN, the concerned person has to file the KYC with fee of INR 5,000 to Government.

However, considering the technical difficulties faced to comply with KYC requirements, the ministry has allowed DIR-3 KYC filing at a reduced fee of Rs 500 for 15 days starting from 21st September. October 6 onwards, fee of Rs 5,000 will apply to reactivate DIN.

Documents

Digital Signature Certificate

Class – 2 DSC of the individual based on PAN

PAN Card

Self-attested copy of PAN Card to be provided

Address Proof

Self-attested copy of Aadhar Card; or Voter’s ID Card; or Driving Licence
Photograph

Self-attested copy of Passport to be provided, if any (Mandatory for Foreign Nationals) Mobile No. & E-mail Id

Unique personal number and e-mail Id to be provided for OTP verification

Other Details
Details of Citizenship, Nationality and Residential Status to be provided

Due Dates

30th April of immediate next F.Y.
Applicable to every individual holding DIN

Consequences Of Non-Filling

Penalty of INR 5,000 is charged for delayed filing

Deactivation of DIN with reason of 'Non-filing of DIR-3 KYC'

Frequently Asked Questions

Every individual who has been allotted DIN and has ‘approved’ status must file this form if he is:

  • a director in the company; or
  • a partner in LLP; or
  • holding DIN but not associated with any organization.

Yes, every DIN holder must possess valid PAN-based Class – 2 DSC. The e-form is filed with individual’s own DSC, details of which are verified directly with the Income Tax Department as per PAN. In case of foreign national, the name would be matched with his/her name entered while filing DIR-3 KYC.

Yes, professional certification for filing DIR-3 KYC is mandatory. The e-form must be certified by the practising professional i.e. CA/CS/CMA with his DSC.

No, an Individual with ‘Approved’ status can only file this form. However, if your DIN is deactivated by reason of non-filing of DIR-3 KYC, you can file this form for re-activating DIN by payment of the prescribed fee (INR 5,000).

No. A non-resident must provide a foreign mobile number and foreign address as their permanent address.

For filing the said form, there is no government fee prescribed. However, if it is filed after the due date, a penalty of INR 5,000 is imposed.

In said case, the DIN will be deactivated with the reason of ‘non-filing of DIR-3 KYC’. Due to deactivation, you will not be allowed to take any actions based on your DIN and any action taken will be held invalid.

Filing KYC by directors are prescribed annually. For every financial year, the KYC is to be updated by 30th April of the immediate next financial year.

If your DIN is deactivated due to non-filing, you are required to file KYC with a fee of INR 5,000 towards Government fee to reactivate the same.

As informed by Ministry, the process of deactivating the non-compliant DINs is in progress, which is likely to be completed by 17th September, 2018. Once the process is completed and availability of the form, the concerned person will be able to file the said form for reactivating DIN.

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