MCA extension for filing DIR-3 KYC

Narendra Kumar

04 Nov, 2019

Hurry up, Directors! Update your filing DIR 3 KYC to avoid heavy penalty

All the directors either Indian or foreign nationals who have been allotted the DIN on or before 31^st March 2018 and the status of DIN appear as “Approved” are mandatorily required to update their KYC vide filing DIR-3 KYC on or before 15^th September 2018.

Yes! The date has been extended from 31^st of August 2018 to 15^th September 2018.

Previous Scenario:

Previously vide MCA notification all the directors, pursuant to rule 12A (for the filing of e-Form DIR-3 KYC)were required to file DIR-3 KYC on or by 30^th of April of each year, except for the Financial year 2017-2018 it was 31/08/2018, which has been presently extended to 15^th September 2018.

Latest update:
– Notification issued on-21/08/2018.
– Brought in via amendment in – Companies (Registration offices and fees) Fourth Amendment Rules, 2018 dated 21/08/2018, and Companies (Appointment and qualification of directors) Fifth Amendment Rules, 2018, dated 21/08/2018.
– The previous deadline for filing DIR3 KYC-31/08/2018.
– Extension of filing DIR-3 KYC-15/09/2018.
– Delay penalty cost-Rs 5000/- with effect from 16/09/2018.
– The power to amend the rule is derived from Section 396,398,399,403,404, and 469(1) and 469 (2) of the Companies act 2013.
Note: – it is mandatory for disqualified directors also.

Consequences of non-adherence to the above-stated Compliance:

As stipulated under rule 12 A, for cases wherein a director fails to file the in E-Form DIR-3 KYC within stipulated time in accordance then in that case the Director’s Identification Number (DIN) of the directors will be deactivated and accordingly the MCA21 system will deactivate and mark all approved DINs which has been already allotted on or before 31st March 2018 against which mandatory filing of DIR-3 KYC was required “deactivated”.

Whether DIR-KYC can be filled after 15^th September 2018?

Yes, it can be filed, and the deactivated DIN can be Re-activated by the filing of E-form DIR-3 KYC with the fees as prescribed under Companies (Registration Offices and Fees) Rules, 2014

The Fees for filing E-form DIR-3 KYC has been prescribed under Rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014.

Penalty:

A penalty of Rs. 5,000 shall be levied on the directors who fail to make timely compliance with this requirement of filing e-Form DIR-3 KYC after 16^th September 2018.

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
2. Address Proof which shall include the Aadhar 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
5. Digital Signature of the director, which is registered on the MCA Portal^[1].

While filing the DIR-3 KYC, keep in mind the following:

1. If the KYC is required to b e-filed for a Foreign National Director, a passport is mandatory. Along with that Mobile No. and E-mail ID of the director’s himself/herself is mandatory.
2. 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 expert team of Enterslice shall help you out in filing the E-Form DIR-3 KYC, to know more kindly reach out to us by clicking here.