Quick Bites- DIR 3 KYC

(04^th August 2023)

SHORT SUMMARY:

In this editorial, the author shall discuss DIR-3 KYC. The purpose of form DIR- 3 KYC is “MCA updating its register with latest and personal information of DIN Holders.

MCA has notified Companies (Appointment and Qualification of Directors) fourth Amendment, 2018. These Rules shall come into effect from 10th July, 2018.

Rule 12A:

¨ Every individual who has been allotted a Director Identification Number (DIN) as on 31^st march of a financial year as per these rules shall, submit form DIR-3-KYC to the Central Government on or before 30^th September of immediate next financial year. 

Que 1: Which form should the DIN holder file to modify their email ID or Mobile number? (DG)

 Que 2: Whether a person can file their DIR-3 KYC form more than once in a financial year? (DG)

Que 3: How do I update the email ID and Mobile number of the DIN holder? If such a person has already filed DIR3 KYC for that Financial year? (DG)

Ans 3: As per the Companies Act, email ID and Mobile number can be changed only by filing Form DIR 3 KYC. This form can be filed only once in a financial year. DG

Que 4: Which form should DIN holders file to modify any of their details except Email ID and Mobile number. (DG)

Que 5: How many times can a DIN holder file DIR-6 in a financial year? (DG)

 Que 6: To file DIR 3 KYC (web/ form) on V-3 Portal, is it mandatory to create Login Id of DIN Holder? (DG)

Que 7: Whether DIR 3 KYC of director can be done from the Company Log ID on MCA V3 Portal? (DG)

Que 8: On V3 portal, how to check that DIR-3 KYC of Director has been filed or not? (DG)

Ans 8: You have to follow the following step to check the same: (DG)

Que 9: If a person has DIN, but does not hold directorship in any company, does he require to do DIR 3 KYC?

Que 10: Where to find DIR KYC option on the new V3 portal? (DG)

·         Login to MCA V-3

·         Click of My Application,

·         Click on Company e-filing

·         Click on Din Related Filing

Que 11: How many DIR-3 KYC can be file through “Company Log In” on MCA V-3? (DG)

Que 12: What is due date of DIR-3 KYC? (DG)

Que 13: If a person is designated partner in LLP, whether such person is required to file DIR-3 KYC? (DG)

Ans 13: As DIR-3 KYC is DIN based form.

Que 14: If a professional CA/CS/CWA having DIN. Whether he himself can affix his Digital Signature in the capacity of DIN holder as well Professional? (DG)

·         I declare that I have been duly engaged for the purpose of certification/verification of this form.

·         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 provisions of The Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company/DIN holder which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed.

·         Mobile No and email ID belong to the Director signing the form.

·         All the required attachments have been completely and legibly attached to this

·         I have kept a copy of this form and attachments thereto, in my records for further reference.

·         It is understood that I shall be liable for action under section 477 read with section 448 of The Companies Act, 2013 for wrong certifications, if any found at any stage.

Que 15: What are the mandatory attachments for DIR-3 KYC Form (for person other than foreign national)? (DG)

Ans 15:

·         Copy of PAN Card, if any

·         Permanent Resident Address-                                                  Aadhar Card

·         Present Resident Address (If same as Permanent address):     Aadhar Card

Que 16: Whether Passport is mandatory for DIR-3 KYC? (DG)

Ans 16: Passport is mandatory for the Foreign National Person.

Que 17: Whether mobile no. of foreign person is mandatory, or whether OTP will be generated on foreign contact, no? (DG)

Ans 17: As per form it is mandatory to mention personal contact no. of person. Therefore, in the case of foreign Director his personal contact no. is mandatory to mention. 

 Que 18: Whether a person can mention his official email id instead of personal email id? (DG)

Que 19: Whether ID proof of foreign person are required to be apostille or notarized? (DG)

Que 20: Whether ID proof of DIN holder is required to be attested by the professional certifying the form? (DG)

Que 21: Whether it is mandatory to mention police station address in the DIR 3 KYC? (DG)

Que 22: Whether Disqualified Directors required filing DIR-3 KYC? (DG)

Que 23: If foreign citizen resident in Indian can use Indian Mobile No.? (DG)

Que 24: In case of address of DIN holder is different in MCA record from the Resident proof, how to proceed? (DG)

Ans 24: In such case DIN Holder shall follow the following process:

Que 25: Consequences for non-filing of DIR 3 KYC before Due Date (DG)

Que 26: What are the additional fees for filing of DIR 3 KYC after Due Date? (DG)

Que 27: If a DIN holder has not filed DIR 3 KYC for more than 1 financial year. Then how much additional fees shall be levy on the same? (DG)

Que 28: Can non-resident directors provide Indian mobile numbers ? (DG)

Que 29: Who are the signatories for DIR-3 KYC form ? (DG)

Ans 29: There are two signatories in form DIR-3 KYC

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.