Company Registration

Date Extended for Filing DIR-3 KYC till 5th October 2018

In Previous scenario, all the directors whether Indian or foreign national who already have the DIN on or before 31st March 2018 and their status of DIN is appearing as “Approved” are mandatorily required to update their KYC by filing the e-form Date Extended for Filing DIR-3 KYC on or before 15th September 2018.

The First Notification to file the DIR-3 KYC was issued on 21/08/2018 with the deadline until 31/08/2018. Through the Second Notification, the last date of DIR-3 KYC filling was extended to the 15/09/2018. However, the form was allowed to be filled with the delay fees of Rs 5000 after 15th September. Now recently, date has been extended from 15th September 2018 to 5th October 2018, along with the fees of Rs 500/-. On 6th October onwards fee is enhanced from Rs 500/- to Rs 5000/-.

All the speculation about extension of date extended for filing the DIR-3-KYC and the relaxation in the late filing fees, which was Rs 5000/- previously, came to rest, when MCA issued the notification with reference to the Companies (Registration Offices and Fees) Fifth Amendment Rules, 2018 dated 20th September 2018 about extension of date from 15th of September to 5th of October 2018.

Yes, the date has been extended from 15th September 2018 to 5th October 2018, but with a twist. The twist is you can file the DIR-3 KYC until 5th of October 2018 along with the fees of Rs 500/-.

Now, this keeps me Wondering about the following:

• What if a DIR-3 KYC is filed after 5^th October 2018?
• Is, that allowed?
• If allowed what will be the delay fees this time and what will be the deadline?

Well! MCA did unwrap these questions in the same notification as follows:

1. Yes, the DIR-3 KYC can be filled at the MCA portal after 5^th October 2018 also.
2. In case of filing the DIR-3 KYC from 6^th October 2018 onwards, it can be filed along with the fees of Rs 5000/-.

Note that the Non-compliant director’s DIN has been since initiated to be marked as DEACTIVATED. However, the status of such DIN will change on filing the DIR-3 KYC along with the applicable fee. On successful application of the form (DIR-3 KYC), it will be approved on STP basis. Once it is approved, the system will automatically ‘reactivate’ the DIN. For non-compliant DIN’s status would remain ‘Deactivated due to Non-filing of DIR-3 KYC’.

1. Every DIN holder whose DIN has been ‘Deactivated due to Non-filing of DIR-3 KYC’ has to necessarily file the DIR-3 KYC

In Nutshell Yes, the date has been extended to 5th of October 2018 along with the fees of Rs 500/- and better you start filling the DIR-3 KYC right, now. As per above rules, in case wherein the DIN has been deactivated, DIR-3 KYC can be filed from 21st September 2018 till 5th October 2018 (both days inclusive) with a fee of Rs.500(Five Hundred only). Also, keep in mind that for the cases wherein the DIR-3 KYC filed from 6th October 2018 onwards will attract a fee of Rs.5000/- (Five thousand only).

What is the Procedure to file DIR-3 KYC?

Fill the form DIR-3 KYC, along with the requisite documents at the MCA portal. You can take help of any Chartered accountant or Company secretary, or Consultancy firm engaged in MCA related services.

The E-form DIR-3 KYC is required to be mandatorily duly certified by a Practicing Chartered Accountant, Practicing Company Secretary or Practicing Cost Accountant.

The company registration in India is governed by the Companies Act 2013 and the rules of company registration including the filling of DIN-3 KYC and such other related matter is prescribed pursuant to the applicable acts of the Companies act 2013.

In case you wish to file DIR-3 KYC, feel free to contact us, click here to establish the contact.

What are the Documents Required for the attachment in form DIR-3 KYC?

Following are the documents mandatorily required by all Directors (including disqualified directors) to file DIR-3 KYC: –

1. Identity proof of the Director, it should be self-attested Note for Foreign directors passport is mandatory to be attached.
2. Address Proof which shall include the Aadhaar Card with an updated Mobile number with UIDAI and should be Self-attested Copy
3. Passport self-attested copy, if available.
4. Personal Mobile Number and E-mail ID of directors is required for OTP Verification

Before giving the mobile number keep in mind the following:

1. In case the DIN holder is a resident of India, the address must be an address in India and mobile number must be an Indian mobile number.
2. In case DIN holder is non-resident, foreign address and foreign number shall only be allowed.
3. Digital Signature of the director, which is registered on the MCA Portal.

Caution:

Do not file the multiple forms of the DIR-3 KYC, as it is not allowed. The system will not accept the multiple filing of form DIR-3 KYC. Still, you can try for an already filed DIN, and such DIN is entered again, the system throws an error that the form is already filed.

Note that on successful approval of the Form DIN-3 KYC all information as entered in the form DIR-3 KYC shall be updated in the DIN holders’ database.

So hurry up! File DIR-3 KYC before the 5^th of October. To establish contact or to know more click here.