Monday, August 17, 2020

DIR-3 KYC by Directors on MCA Portal

Who needs to file Form DIR-3 KYC?

Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’ is compulsorily required to file Form DIR-3 KYC before 30th September of the immediately succeeding financial year. This KYC has to be done every year.

Such filing is also to be done by a person who may have a DIN but may not be a Director in a company during the year.

How is Form DIR-3 KYC Filed?

Persons who are allotted a DIN for the first time during the financial year, need to file e-Form DIR-3 KYC as downloaded from the MCA portal in the immediately succeeding financial years. 

For other Directors who have already submitted e-Form DIR-3 KYC previously and do not have any changes to report in their KYC details in the following year, may simply file a web services version of the form on the MCA portal that confirms the existing contact details using OTP.

What are the consequences of late filing or non-filing?

The form can be filed without any government fee. However, if filed later than 30th Sep, a late fee of Rs. 5000 is levied.

Further, if the DIN holder does not file his annual KYC within the due date, such DIN shall be marked as ‘Deactivated due to non-filing of DIR-3 KYC’ and shall remain so until KYC is done with the late fee.

How can we check the filing status?

The filing status can be checked here.

What are the documents to be filed with e-Form DIR-3 KYC?

A. For Indian Citizens

1. Proof of Permanent Address

2. Proof of Present Address

3. Copy of Aadhaar Card (Self Attested)

4. Copy of Passport (Self Attested)

5. Copy of PAN (Self Attested)

B. For Foreigners

1. From Commonwealth Nations: Documents shall be notarized by a Notary (Public) in that country

2. From countries that are party to the Hague Convention: Documents shall be notarized and apostillized.

3. All Other Nations: Documents shall be notarized before the Notary (Public) of such country and the certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer.

In case the proofs are in languages other than Hindi/English, they should be translated in English from a professional translator carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable.

Legal Reference

Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014