By Simran Jalan (firstname.lastname@example.org)
Pursuant to the Rule 12A and 11(2) and (3) of the Companies (Appointment and Qualification of Directors) Rules, 2014, every individual who are holding DIN/DPIN shall submit an e-form DIR 3 KYC to the Central Government on or before 31st August, 2018 for the purpose of updating the personal identification details of the director concerned.
Accordingly, the MCA is conducting KYC for all DIN/DPIN holders. The same has to be updated on or before 31st August, 2018 and thereafter annually.
Listed below are some of the important points to be considered before filing DIR 3 KYC.
For filing the form:
- Nationality and citizenship are two different things. A person can choose “India” as its nationality but if he is holding two citizenships then he may/may not check yes in the field ‘Citizen of India’.
- ‘Send OTP’ button will get enabled once the form is pre-scrutinized i.e., after affixing DSC.
- The OTP is valid for 15 mins
- In permanent address field, if the applicant is the resident of India then he has to write his Indian address but if he is resident outside India then he will have to write his foreign address.
- Personal Mobile number and personal id may include the id of the company but it should be used only by the applicant.
- DSC must be associated with the same PAN, as mentioned in the form for citizens of India and for foreign citizens the name on the DSC and the applicant’s name should match.
- Signatories under DIR 3 KYC: Applicant (DIN/DPIN holder) and Professional.
- For non-resident directors, their foreign address and foreign numbers shall be inserted in the ‘permanent address field’.
- The DIN/DPIN holder is responsible for filing the form. He will have to fill in the OTP, not the professionals.
- In case of foreign nations, their documents are required to be attested by the authority prescribed i.e., apostilled/notarized documents.
- Aadhaar is mandatory for a citizen of India.
- Copy of PAN is not compulsory to provide.
- Proof of Address will be as per Rule 16 of the Companies (Incorporation) Rules, 2014 which states:
“(n) Residential proof such as Bank Statement, Electricity Bill, Telephone / Mobile Bill:
Provided that Bank statement Electricity bill, Telephone or Mobile bill shall not be more than two months old; “
Thus, an applicant is not required to attach his Aadhaar card twice.
- Attachment of Aadhaar and passport is mandatory if selected yes in the required fields.
- If you have a Driving License/Voter ID card then it is recommended to provide the same in the Form.
- The name in the DIN and PAN must be the same.
- Disqualified directors are also required to file DIR 3 KYC but filing of the same will not remove their disqualification.
- If DIR 3 KYC is filed within due date, then no fee is applicable. If it is filed after due date then fine of Rs. 5000 is applicable.
- Penalty/Fine for not filing is on individual directors.
- A person cannot file DIR 3 KYC more than once.
- For every subsequent F.Y. 30th April is the due date for updating their DIR 3 KYC.
- If there is any discrepancy in any of the information, then first DIR 6 is required to be filed for updating the information and then the Form DIR 3 KYC should be filed.
Consequence of not filing DIR 3 KYC:
If any DIN/DPIN holder fails to file DIR 3 KYC within the stipulated time i.e. 31st August, 2018, then the DIN of such director or DPIN of such designated partner will be de-activated. The re-activation of such de-activated DIN/DPIN can be done only after filing DIR 3 KYC along with a fee of Rs. 5000. So, all the DIN/DPIN holders should take steps to file this e-form at the earliest.