As a part of updating its directors database, The MCA has notified the format of E-form DIR-3 KYC under new Rule 12A, vide the ‘Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018', via notification dt. 05.07.2018,
http://www.mca.gov.in/Ministry/pdf/CompaniesAppointmentQualificationRules_06072018.pdf,
applicable w.e.f. 10 July, 2018.
Who is required to file DIR-3 KYC?
“12A Directors KYC: - Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.
(For Example 1: -If DIN was allotted as on the date of 31st of March, 2019, then you are required to file DIR-3 KYC before 30th April, 2019.
Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018 shall submit E-form DIR-3 KYC on or before 31st August, 2018.
(For Example 2:- If DIN was allotted on or before 31st of March, 2018 then you are required to file DIR-3 KYC on or before 31st August, 2018.
# Mandatory to file for all Directors even for disqualified directors
Documents required to file DIR-3 KYC: -
1) Proof of Identity: -PAN (Self attested Copy)
2) Proof of Address: - Aadhar Card with updated Mobile number with UIDAI (Self attested Copy)
3) Latest passport size Photograph
4) Personal Mobile Number and E-mail ID of directors for OTP Verification
5) Digital Signature of director (Registered on MCA Portal).
Note: -
1) In case of Foreign Nationals, passport is mandatory.
2) Mobile No. and E-mail ID shall be on director's himself only.
3) The E-form DIR-3 KYC shall be duly certified by Practicing Chartered Accountant, Practicing Company Secretary or Practicing Cost Accountant.
Fees for filing E-form DIR – 3 KYC
Fees for filing E-form DIR-3 KYC under Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014 -
|
1 |
Fee payable till the 30th April of every financial year in respect of e‐form DIR‐3 KYC as at the 31st March of immediate previous year. (Read Example 1) |
Not Applicable |
|
2 |
Fee payable in delayed cases i.e. after 31st August, 2018 |
Rs. 5000/‐ |
Notification:
http://www.mca.gov.in/Ministry/pdf/CompaniesRegistrationOfficesFeesRle_06072018.pdf
Consequences of not filing DIR-3 KYC:-
i. In case, a director failed to intimate his particulars in E-Form DIR-3 KYC within stipulated time in accordance with Rule 12A, then the Director's Identification Number (DIN) of directors shall be Deactivated and the MCA21 system will mark all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated'. However, the de-activated DIN shall be Re-activated only after filing of E-form DIR-3 KYC along with prescribed fees as prescribed under Companies (Registration Offices and Fees) Rules, 2014
ii. Secondly, Late Fees Penalty amount to Rs. 5000 from 1st of September, 2018 will be levied.
Disclaimer: The contents of this article have been prepared in accordance with the relevant provisions, and information available at the time of preparation. The views and opinions expressed in this article are those of the author and the author does not take any responsibility and cannot guarantee that no inaccuracy occurs. This article cannot be quoted without the consent of the author.
The author can also be reached at csvaishalijain.leo@gmail.com
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