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MCA Forms > REFERENCE FOR PROFESSIONALS - CERTIFYING DIR 3 KYC

REFERENCE FOR PROFESSIONALS - CERTIFYING DIR 3 KYC
Category: REFERENCE FOR PROFESSIONALS - CERTIFYING DIR 3 KYC, Posted on: 11/08/2023 , Posted By: CS Divesh Goyal
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REFERENCE FOR PROFESSIONALS -

CERTIFYING DIR 3 KYC

Rule 12A and Rule 11(2) and (3) of The Companies Appointment and Qualification of Directors Rules, 2014

(07th August 2023)

SHORT SUMMARY:

The author will attempt to highlight the essential considerations for experts when drafting, confirming, and certifying the form DIR-3 KYC in this editorial. According to the MCA, it must be certified by professionals like:

  • Practicing Company Secretary
  • Practicing Chartered Accountant
  • Practicing Cost Accountant 

Professionals must certify a variety of data and documents in addition to the forms. Like:

 

Certification

I declare that I have been duly engaged for the purpose of certification/ verification of this form. It is hereby certified that:

  • I have satisfied myself about the identity of the applicant and his address based in the perusal of the original of the attached document,

Note: in case where the applicant is residing outside India the particular have to be verified from the documents duly attested by the attesting authority as prescribed

  • I have verified and attested the documents of the DIN holder based on the Originals documents produced before me.
  • All required attachments have been completely attached to this application.
  • I have gone through the provision of The Companies Act, 2013 and rules thereunder for the subject matter of the this form and matters incidental thereto and I have verified the above particulars (Including attachment (s)) from the original records maintained by the Company/applicant which is subject matter to this form and found them to be true, correct and complete and no information material to this form has been suppressed. 


I further certify that:

  • Mobile no. and Email ID belong to the applicant/director signing the form.
  • All the required attachments have been completely and legibly attached to this form.
  • I have kept the copy of this form and attachments thereto, in my records for further reference.
  • It is understood that I shall be liable for the action under section 448 of The Companies Act, 2013 for wrong certification, if found at my stage. 

Now the Most Important Questions for Professionals:

 

  1. What is the information / documents required to fill form?
  2. How to verify such information?
  3. Are we engaged to certify the form if not, what should be the language of engagement letter? 
  1. What are the information/ documents required to fill the form?
    1. Name and Father Name of Director
    2. Date of Birth
    3. Nationality
    4. PAN No.
    5. Passport No, if any
    6. Aadhar No.
    7. Personal Mobile No.
    8. Personal Email ID
    9. Present Resident Address with proof
    10. Permanent resident address with proof
  1. How to verify the Information’s?
    1. Information (1-3) mentioned above can be verify from the PAN.
    2. Information (4-6) mentioned above from their respective documents.
    3. Personal Mobile No. (utility bill, SMS verification etc)
    4. Personal email ID – we should verify the same by sending mail and get confirmation from the Individual.
    5. Present resident address (Utility Bill)
    6. Permanent resident address (utility bill or id proof)

Most Important: Along with above mentioned documents, professionals should take a representation letter from the Individual in respect of the same.

Note:

As per certification column of form (mentioned above also)- following are the important points for concerned:

  • Mobile no. and Email ID belong to the applicant/director signing the form
  • I have verified the above particulars (Including attachment (s)) from the original records maintained by the applicant
  • I have satisfied myself about the identity of the applicant and his address
  • *** I declare that I have been duly engaged for the purpose of certification/verification of this form 

C. Are we engaged to certify the form if not, what should be the language of engagement letter?

 

Format of Engagement Letter:

 

To,                                                                                    Date:

 

(Name of Professional)

(Firm Name)

Practicing Company Secretary,

COP No.

Address:

 

Subject: Engagement for certification forms DIR-3 KYC and my representations for verification of information mentioned in the form.

 

Ref:            DIN -

 

Dear Sir, 

This representation letter is provided in connection with your certification/ verification of form DIR-3 KYC under provisions of C0mpanies Act, 2013. 

With reference to various provisions of the Companies Act, 2013 read with relevant rules and any other applicable laws, I hereby engage you for certification of form DIR-3 KYC and verification of details mentioned in the form: 

Further, please find blow my information/ document required by your goodself to verify details mentioned in e-form DIR-3 KYC: 

  1. Self Attested copy of PAN
  2. Self attested copy of Passport
  3. Self attested copy of Aadhar
  4. Mobile No.
  5. Email ID

 

I further confirm that email id & mobile no. are my personal. 

All required documents in original produces for your necessary verification & attestation.

___________________

(Name of Person)

DIN:

Add:

 

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com). 

 

Disclaimer: The entire contents of this document have been prepared based on relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided, I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information. 

 

IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION

 


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