03 May 2019

DIR-3 KYC (Application for KYC of Directors)

DIR-3 KYC (Application for KYC of Directors)

  1. What is DIR-3 KYC?

 

MCA is conducting KYC of all directors of all companies annually through a newly incorporated e-form viz. DIR-3 KYC. MCA via its notification requires directors to intimate their particulars to the Central Government in e-form DIR-3 KYC within the time as specified. E-Form DIR-3 KYC is required to be filed pursuant to Rule 12A and Rule 11(2) and (3) of The Companies (Appointment and Qualification of Directors) Rules, 2014.

 

  1. Rules

 

Rule 12A: Every individual who has been allotted a Director Identification Number (DIN) in a Financial Year, as per these rules shall, submit e-form DIR-3 KYC to the Central Government on or before 30 April of the immediate next financial year.

 

  1. Who Have to File DIR-3 KYC?

 

Every director who has been allotted DIN as on or before 31 March of a Financial Year, submits e-form DIR-3 KYC with Central Government (power assigned to Regional Director). Effects of non-filing of Form DIR-3 KYC MCA21 system will mark all approved DINs against which DIR-3 KYC form has not been filed as deactivated with reasons as ‘non-filing of DIR-3 KYC’.

 

  1. Is a Person Not Having Directorship in Any Company but Holding DIN Required to File E-Form DIR-3 KYC?

 

As per rules, every person holding DIN have to file e-form DIR-3 KYC, irrespective whether such person having directorship in any Company or not. Therefore, we can opine that directorship is not any base for filing of DIR-3 KYC; Base for the same is DIN. If person having DIN its mandatory to file DIR-3 KYC.

 

  1. Documents Required

 

  1. Proof of permanent address

 

  1. Conditional attachments:

 

    1. Copy of Aadhaar Card – In case ‘yes’ is selected in the field “Whether citizen of India”

 

    1. Copy of Passport – In case ‘yes’ is selected in the field “Do you have a valid passport?”

 

    1. Proof of present address – In case ‘no’ is selected in the field “Whether present residential address is same as permanent residential address”.

 

  1. Certification

 

The form and documents as attached shall be certified by the Professionals like:

    1. Practicing Company Secretary;
    2. Practicing Chartered Accountant;
    3. Practicing Cost Accountant.

 

  1. Some Other Points

 

No Government fees is required to be paid for filing the forms; OTP validation for foreign mobile numbers is also compulsory.