#MCA - KYC for all Individuals holding DIN – DIR-3 KYC

As per new amendment in Companies Act, 2013, all the Individuals holding valid DIN are required to update their KYC with the Ministry of Corporate Affairs (MCA) by filing e-form DIR-3 KYC annually.

The basic purpose of the latest amendment is that MCA wants to update its records with verified information about all the directors.

Who are required to file Form DIR-3 KYC ?

For Financial year 2018-19 - Any person who has been allotted “Director Identification Number (DIN/DPIN)” on or before 31st March 2018 and the status of such DIN is ‘Approved’, needs to file form DIR-3 KYC to update KYC details in the system on or before 31st August 2018.

For Financial year 2019-20 onwards - Every Individual who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th April of the immediately next financial year.

What if Individual fails to file the DIR 3 KYC Form?

After expiry of the respective due dates, system will mark all non-compliant DINs against which DIR-3 KYC form has not been filed as ‘Deactivated’.

Deactivated DIN means an Individual disqualified to act as a Director as per Section 152 (3) of the Companies Act, 2013.

What are the details required to be submitted in DIR 3 KYC form?

Name (as per PAN database), Father’s Name (as per PAN database), “Date of Birth (DoB)” (as per PAN database), PAN Number (mandatory for citizens of India),Personal Mobile number and Personal Email Address and Permanent/ Present address.

Further, applicants are required to provide AADHAAR, if not then Voter ID or Passport or Driving licence. Accordingly, copy of any one of the above selected information is to be attached.

What is due date for filing Form DIR-3 KYC ?

For Financial year 2018-19 - Any person who has been allotted “Director Identification Number (DIN/DPIN)” on or before March 31, 2018 and the status of such DIN is ‘Approved’, needs to file form DIR-3 KYC to update KYC details in the system on or before August 31, 2018. 

For Financial year 2019-20 onwards - Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th April of the immediately next financial year.

What documents are required to file Form DIR-3 KYC ?

1. DSC of Director duly registered with MCA (the name must be same in DSC as mentioned in the PAN);

2. copy of PAN card;

3. copy of Aadhar card;

4. copy of Passport, if any;

5. copy of electricity Bill, Mobile Bill, Bank statement of Director (latest by 2 Months) of his/her present address;

6. Latest Passport size photo;

7. Director personal Mobile Number;

8. Director personal E-mail ID;

The form needs to be certified by a practicing professional. Professionals must get Engagement Letter and mandate from every director to certify the form;

All the copies of the above documents must be self attested.

In case of a Director who is a Foreign National than his/her documents must be Notarized/Appostile by the respective Authority.

The Mobile number and the e-mail id must be of director and must not have been used for any other form.

An OTP will be sent on both Mobile number and e-mail id which will be required for successful filing of DIR-3 KYC.

Fee payable for filing and consequences for non-filing of Form DIR-3 KYC ?

If an individual file the form within due date, no fee is payable.

After due date, additional fees of Rs. 5000/- per form will be levied.

In addition, after due date DIN of director who has not filed the above form, will be deactivated.

If any wrong information is provided in the form, one will be liable to penalty under section 448 and 449 of the Companies Act, 2013.