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From the Financial Year 2019-2020, as per the new MCA department guidelines, KYC is required to be filed every year, by every person who has a DIN (Director Identification Number). A DIN is a unique number that is assigned to a person who wants to associate himself/herself as a director of any legal entity or who is already an appointed director of a corporation. In this digital age, submitting an e-Form DIR-3 application is sufficient to receive a Director’s Identification Number or DIN. This is a one-time process for anyone interested in becoming a director of one or more business entities. All directors with a DIN will now be required to submit their KYC details annually in e-Form DIR-3 KYC, thanks to the Ministry of Corporate Affairs’ (MCA) decision to update its registration.
The DIR-3 KYC e-form or Directors KYC, as the name suggests, is introduced to collect information of all the directors associated with any legal entity, including their residential address, e-mail address, and present cell phone number. The directors’ information must be relevant to them — for example, the cell phone number must be updated with UIDAI. This measure was taken in order to increase data transparency. This will assist MCA in checking director accreditation and weeding out fake directorships.
Previously, the government initiated strike-off (company dissolution) proceedings against over 3 lakh firms, impacting more than 6 lakh directors and resulting in the disqualification of their Director Identification Numbers (DINs). In response, a new compliance rule — Rule 12A — has been introduced. Under this rule, all directors and designated partners of LLPs are required to update their DIN, irrespective of whether the DIN is active, inactive, or disqualified. This update is mandatory to ensure conformity with the latest regulatory requirements.
According to the MCA notification, any director who received a DIN by or on March 31, and whose DIN is in authorised status must submit his KYC information to the MCA department failing of which will be liable for a DIR 3 KYC penalty. This procedure is also required for directors whose DIN have been disqualified.
From the Financial Year 2019-20 onwards, any director who has now been assigned a DIN on or before the ending of the financial year and whose DIN is in authorised status is required to file Director KYC form by the 30th September of the next financial year.
Directors with a DIN or Director Partner Identification Number (DPIN) before March 31, and directors given a DIN/DPIN by March 31, must file the e-Form DIR-3 KYC before September 30th of that year.
NOTE: Incase of non-filing of the DIR 3 KYC before the due date, late fees or penalty for director KYC will be charged.
1. While filling out the DIN KYC Form, each Director must provide their own personal cell phone number and email address. A one-time password or OTP will be used to verify this registered contact number and email address.
2. The second caution is that the director must use his own digital signature when submitting this DIR 3 KYC e-Form.
One needs the following documents to file their DIN KYC form:
1. Nationality and citizenship information, such as gender and date of birth.
2. Permanent Account Number (PAN).
3. Voter ID card
4. Obtaining a passport (mandatory if a foreign national is holding a DIN).
5. Driving License.
6. Aadhaar card
7. Personal Phone Number and Email Address
8. Residential address.
Aside from the things listed above, please have the following items in hand while filing the Director KYC or DIN KYC:
1. Individual submitting the form’s digital signature (applicant).
2. Attestation of the above-mentioned documents by practicing professionals such as CAs, CSs, and CPAs. Documents must be attested by the prescribed authorities in the case of foreign nationals.
3. The applicant must produce a declaration that is duly attested by practising professionals.
Filing a DIR- 3 KYC entails the following steps:
The first step is to get the form from the MCA website.
In the DIN KYC form, the individual/Director must submit his DIN, which must be marked as ‘Approved.’ Directors whose DIN has been deactivated owing to non-filling of the director KYC can still fill out the form after paying late filing penalties if they do so after the due date.
Both the applicant’s and his father’s first and last names must be entered. The name entered must be the same as the one on the PAN. The address provided will be checked against the PAN database. Acronyms, abbreviations, and single alphabets are prohibited.
Declaring your nationality is crucial while filing a director KYC form. When it comes to foreign nationals serving as company directors, the nationality specified on the passport shall be chosen.
It is advised to add the permanent residential address of the directors while filing the DIN KYC form. Kindly ensure that these facts correspond to the evidence of the permanent address that will be included in the Director KYC form:
1. Only if the state selected is NA may a foreign pin code be entered.
2. If the current residential address differs from the permanent residential address, one must also give his/her current residential address.
Declaring your Permanent Account Number is required (PAN). Click the ‘Verify income-tax PAN’ button after entering your PAN information. Based on the PAN card number, the system will validate the information. Please note that for successful validation, the PAN in the form and the PAN in the DSC must match. For successful validation of the form, if the foreign nationale do not have a PAN card, the name on the form must match the name on the DSC.
It is critical to provide the own mobile phone number, which will be validated by an OTP. Only if the individual is not a resident of India will country codes other than +91/91/0 be permitted. One must also enter your personal email address, which will be validated using an OTP. After one has filled out these fields, click the ‘Generate OTP’ button. OTPs will be delivered to the email address and the registered mobile number separately.
The following documents for director KYC must be uploaded by the applicant. Before uploading the DIR 3 KYC form on the MCA portal, be sure to acquire these forms certified as well:
Note: The candidate should digitally sign any other optional attachments.
Ensure that the e-Form is signed digitally by a practicing Chartered Accountant/Cost Accountant or a Company Secretary. It is critical to enter the practicing professional’s information and then add their digital signature.
After thorough proof reading of the filled DIR 3 KYC form, click the ‘Submit’ button.
After successful submission of DIR 3 KYC form or Director KYC form on the MCA government portal, following process needs to be completed:
Generation of SRN
The user will receive an SRN after successfully completing the e-Form DIR-3 KYC. This SRN will be used to communicate with the MCA in the future.
Communication via email
The applicant’s personal email address will receive an email confirming receipt of the form. Filing e-Form DIR-3 KYC is completed once the applicant receives the email of approval.
Fincawork Legal Consultants is a group of experts consisting of highly qualified Chartered Accountants, Company Secretaries, Advocates and Business Administrators. Fincawork will help you with the Activation of your disqualified DIN, DIR 3 KYC Form Filing and filing a new DIN application.
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