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Before starting with DIR-3 KYC, it is important to get knowledge of some important terms. First, we will discuss the term DIN (Director Identification Number). As its name suggests DIN (Director Identification Number) is 8 digits unique identification number for directors and it is required to be obtained by every individual who intends to become a director in a company.
Now we will come to the term KYC which stands for “Know your Customer”. Director KYC has been introduced by the government in order to reconfirm the identity of directors.
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Recently MCA (Ministry of Corporate Affairs) has introduced the new e-form DIR-3 KYC as per Rule 12A ‘Companies (Appointment and Qualification of Directors) Fourth Amendment Rules 2018, via a notification dated 05th July 2018 and came into effect from 10th July 2018. Along with this, MCA (Ministry of Corporate Affairs) has notified the restoration procedure for deactivated DIN (Director Identification Number) of the directors.
E-form DIR-3 KYC has been introduced with a view to collect information of directors of all the companies consisting their address, e-mail ID, and current mobile number. Provided information given by the directors must be related to them, for example, the mobile number must be updated with UIDAI. This step has been taken in order to create the transparency of information. This will help MCA in verifying credentials of directors and weed out the bogus directorships.
Before this, the government has taken strike-off (Company dissolution) action against more than 3 lakh companies because of which more than 6 lakh directors got directly impacted and their DIN got disqualified. By introducing this new rule 12A, it is required to update DIN (Director Identification Number) for all the directors and all designated partner of all the LLPs to comply with the rule, no matter their DIN is active or inactive and directors who’re having disqualified DIN.
Every director / designated partner holding DIN (Director Identification Number) as on 31st March of the financial year has to file e-form DIR-3-KYC on or before 30th April of next immediate financial year.
In case DIN was allotted as on 31st March 2019 then DIN holder has to file form DIR-3 KYC on or before 30th April 2019.
Provided if DIN has been already obtained as on 31st March 2018 then E- form DIR-3 KYC is required to be filed on or before 31st August 2018
Note* It has to be filed even if the DIN is inactive or director having disqualified DIN.
Due date of filing of DIR-3KYC is 30th April of Immediate Financial Year however if the DIN has been obtained on or before 31st March 2018 then the due date is 31st August 2018.
Following documents shall be required to file E-form DIR-3 KYC:
Note*: Documents must be self-attested
The E-form DIR-3 KYC is required to be duly certified by the Practicing Chartered Accountant (PCA), Practicing Company Secretary (PCS) or Practicing Cost Accountant.
If the e-form is required to be filed till the 30th April of every financial year, then there will be no fee however if one has to file e-form DIR-3 KYC up to 31st August, 2018 but not able to file the same till the last date then RS.5000/- shall be payable after 31st August 2018.
It is mandatory for all the partner/designated partner of an LLP to file e-form DIR-3 KYC on or before the due date 31st August 2018 who are holding a valid DIN before the 31st March 2018.
In case of non-filing of DIR-3 KYC by the DIN holders (allotted on or before 2018), MCA will mark “deactivated”.
In case of the filing of e-form DIR-3 KYC after 31st August 2018 then DIN holder has to pay a specified fee of Rs. 5,000 without prejudice to any other action that may be taken.
Yes, even if the DIN holder is not holding directorship in any Company for a year or for more than one year, such person has to file e-form DIR-3 KYC every financial year on or before 30th April.
Yes in order to file e-form DIR-3 KYC, it is mandatory to affix DSC of the applicant director.
No, in e-form DIR-3 KYC specifically, the director has to give its own email Id and mobile number otherwise it will be considered as default under Rule 12.
It is required for a professional to give a declaration that he/ she are engaged in Certification/verification of this e-form.
Note*: Format for engagement letter is given below:
30th April of every year in any other case
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