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Din 3 kyc - company's duty

03 August 2018

Hi...Need suggestions over what steps a company should take if a Director won't update or not willing to update KYC on MCA Portal till 31st August, subsequent to which his/her DIN become de-activated.As the Annual Filing period is not far, the company has to perform various compliance involving all the directors of the Company. Can the company remove such director who is not updating his KYC even after frequent reminders. If Yes, through what process. And if the DIN Become deactivated, can DIR-12 be filed with MCA for removing such director. Thanks in anticipation.

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CA Dheeraj S (Practicing CA) (427 Points)
Replied 04 August 2018

The DIN gets deactivated and the director will be liable for penalty if E-KYC of Directors is not completed within 31 August 2018.

Since even the disqualified directors are mandated to file the E-KYC forms, making the director understand the importance of this KYC action by MCA should be the primary action.

Request the director to complete the E-KYC procedures with MCA and get the forms certified by a practicing CA/ CS/ CWA.