KNOW ALL ABOUT DIR 3 KYC Form/DIR-3KYC
WEB
BACKGROUND
DIR-3KYC in
an E-form introduced by MCA on 5th July
2018 to verify the particulars of an individuals who has been allotted Director
Identification Number (DIN) which can be obtained by filing DIR-3 at any time.
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.
TEXT OF THE RULE:
Every individual who has been allotted
Director Identification Number (DIN) as on or before 31st March, 2018 is mandatorily required to E-form DIR-3-KYC for the
said financial year to the Central Government on
or before 30th September of Immediate next financial
year.
WHAT IS DIR-3KYC WEB?
In case E-form DIR-3 KYC already filed in relation to any previous F.Y. (provided no change in Email ID and Contact no.) then DIR-3 KYC-WEB (web-form) through the web service over MCA portal is required to be file in relation to any subsequent F.Y.
BRIEFING OF E- FORM
|
S. No. |
Particulars |
Details |
|
1 |
What
is DIN? |
- An unique 8-digit no.
allotted by CG - Valid for lifetime - Prerequisite to get appointment as Director in a
Company -Single DIN is used for
multiple appointments. |
|
2 |
What
is DIR-3KYC/WEB and its Due date? |
- An E-form or web based
form is to be filed by every individual who possess DIN. Due Date: on or before 30th September of
immediate next F.Y. -Basically it is KYC (know
your customer) of Directors holding DIN. NOTE:
All Directors require DIN, BUT all DIN holders may not be Directors |
|
3 |
Who
is to file this form? |
-Any person who has been
allotted DIN as on or before 31st March of a F.Y. required to file
DIR-3 KYC by due date. - If DIR-3KYC has already
been filed during previous F.Y. then DIR-3KYC WEB is to be filed. NOTE:
If there is change in Mobile No or E-mail Id provided earlier then DIR-3 KYC
to be file again. |
|
4 |
What
is link between DIR-6 and DIR-3KYC and DIR-3KYC WEB? (It
is assumed here that DIR-3 KYC of Director has been done atleast once) |
Sit
1# If there is only Change
in Email ID or Mobile No. then DIR-3KYC need to be filed. Sit
2# In case of any change
other than above then DIR-6 need to be filed within 30 days of Such Change
and DIR-3KYC shall also be filed by annexing the proof of such change. Sit
3# In any other situation,
DIR-3KYC WEB need to be file by validating OTP over E-mail ID and Phone No. |
|
5 |
Fee
and Other Requirements |
-There is no fee to
furnish this form by due date i.e., 30th September of immediate
next F.Y. - late fee after due date shall be Rs. 5000/- -
Mandatory documents are here under: n
DIN (Director
Identification No.) n
PAN CARD (in case of
Citizen of India) n
Adhaar Card (if any) n
Passport (if any) n
Voters ID (Optional) n
Unique Mobile No. and
E-mail ID n
Proof of Permanent Address
and present Address n
DSC of the DIN holder Imp Pointer: It is a good practice to self attest the
documents stated above. |
|
6 |
Consequences
of Non filing of DIR-3KYC or DIR-3KYC WEB on Directors by due date? |
Status
of DIN shall be converted to ‘Deactivated’ with reasons as ‘Non-filing of DIR-3 KYC’ and its impact on Directors: ²
He can’t’ be appoint as director in any new Company or LLP. ²
He can’t resign from any Company or LLP. ²
He can’t mention his DIN on any document in relation to
Company |
|
7 |
Effect
of Non Filing of DIR-3KYC or DIR-3KYC WEB on Companies or LLPs? |
IMPACT ON COMPANY/LLPs : ²
Company shall not be able
to file any annual form like AOC-4 and MGT-7 with ROC. ²
Company shall not be able
to file any other form with DSC of director whose din has been deactivated. ²
Company shall not be able
to get any doc. signed from such Director and mention his DIN no. ²
Company Shall not be able
to furnish E-Active form. |
|
8 |
Effect
of CFSS-2020 on DIR-3KYC or DIR-3KYC WEB |
Under
Companies Fresh Start Scheme-2020(CFSS-2020), an E-form DIR-3 KYC or
DIR-3-KYC-WEB in relation to any F.Y. can be furnished without Additional
fees of Rs. 5000/- Link to
CFSS-2020 Eligible forms: http://www.mca.gov.in/Ministry/pdf/CFSS2020_02042020.pdf |
OTHER CONSIDERATIONS:
Ø
It is an annual form (
DIR-3KYC or DIR-3KYC WEB to be furnish accordingly)
Ø
In case of Death of DIN
Holder, the DIN is to be surrender by filing E-form DIR-5.
Ø
No Penal provisions to get
attracted due to Non Compliance of this Rule.
CONCLUSION:
E-form DIR-3 KYC OR DIR-3-KYC WEB is to be complied on annual basis to keep one’s DIN status as “ACTIVE” or “APPROVED” and aid MCA to maintain its registry. The form is approved on Straight through Process (STP) mode and approval mail shall be sent to the Email ID of the applicant and to the user who has filed the e-form.
AYUSHI JAIN
Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information.
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