Director KYC (DIR-3 KYC)
Who needs to apply for DIR-3 KYC?
Any person who has been allotted DIN/DPIN on or before 31st March 2018 and has the status of DIN approved, has to file for DIR-3 KYC. For the financial year 2019-20 onwards whoever has been allotted the DIN and the status is approved, would be mandatorily require to fill the form DIR-3 KYC before 30th September of the immediately next financial year.
After expiry of the respective due dates, system will mark all non-registered DINs as ‘Deactivated due to non-filing of DIR-3 KYC’.
Checklist to file for KYC
The form needs to be filed on the MCA-21 portal before the due date.
- Director’s mobile number and email address which will be verified using OTP.
- The director has to use his own digital signature.
- The final test will be where the director needs to ensure that the data, he provided is correct and e-form should be certified by a practicing Chartered Accountant / Company Secretary or Cost and Management Accountant.
If form is not filled by the due date…
The DIN allotted to the director will be marked as ‘Deactivated due to Non-Filing of DIR-3 KYC’. If the Director needs to revise his DIN, he needs to make a penalty of Rs 5000/- as late fee. This fee would be payable on or after 30th September of the year in which the e-form DIR-3 is to be filed. This form needs to be filed annually by the directors.
Documents needed to file for DIR-3 KYC
- Details of Nationality and Citizenship; Aadhaar card if Indian.
- For NRI citizen or Foreign Citizen, all the list of documents and procedure will be same apart from Aadhaar Card.
- PAN Card
- Voter ID
- Passport; if NRI or Foreign Citizen
- Driving License
- Personal Mobile number and Email ID
- Residential Address
- Digital signature of DIN holder
Attestation of the above-mentioned documents from a practicing Chartered Accountant / Company Secretary or Cost and Management Accountant. A declaration has to be provided by the applicant, attested by a practicing professional.
Step-by-Step Guide to form filing
Process after form submission
FAQs
For Financial year 2018-19 – Any person who has been allotted “Director Identification Number (DIN/DPIN)” on or before 31st March 2018 and the status of such DIN is ‘Approved’, needs to file form DIR-3 KYC to update KYC details in the system on or before 5th October 2018.
For Financial year 2019-20 onwards – Every Director who has been allotted DIN on or before the end of the financial year, and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th September of the immediately next financial year.
After expiry of the respective due dates, system will mark all non-compliant DINs against which DIR-3 KYC form has not been filed as ‘Deactivated due to non-filing of DIR-3 KYC’.
DIR-3 is the application filed after getting the DIN to file for KYC.
DIR-4 is the attested application for verification of the data for DIR-3 form.
DIR-5 is to surrender the DIN back due to any reasons.
Any DIN holder who is filing his KYC details for the first time with MCA, must file all KYC details only through eForm DIR-3 KYC. There is no option for such a person to access the web-service for his KYC.
Further, any DIN holder who wants to update any information of his KYC details must update the same through filing of eForm DIR-3 KYC only. Please note that no update in details can be made by accessing the web-service for DIR-3 KYC.
As per the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, every individual who is allotted DIN as on 31st March of a financial year must submit his KYC on or before 30th September of the immediately next financial year.
If the DIN holder does not file his annual KYC within the due date of each financial year, such DIN shall be marked as ‘Deactivated due to non-filing of DIR-3 KYC’ and shall remain in such Deactivated status until KYC is done with a fee of Rs.5000.
Point to be noted here is that, if the KYC is done in one financial year, it NEED NOT be done again in the same financial year again. Example: DIN issued on 30 Jun 2017. Due date for first KYC to be filed in eForm DIR-3 KYC was 5th October 2018.
If the DIN holder does not file the form within the due date, DIN is marked as ‘Deactivated due to non-filing of DIR-3 KYC’. Now in case the form DIR-3 KYC is filed with a fee of Rs.5000 before 31st March 2018, KYC will be considered to have been done for the FY 17-18.
However, if the form DIR-3 KYC is filed with a fee of Rs. 5000 on or after 1st April 2018, KYC will be considered to have been done for the FY 18-19 and the DIN holder will remain KYC non-compliant for FY 17-18. Now this DIN holder need not file eForm DIR-3 KYC or access the web service DIR-3 KYC again for FY 18-19.
Name (as per PAN database), Father’s Name (as per PAN database), “Date of Birth (DoB)” (as per PAN database), PAN Number (mandatory for citizens of India), Personal Mobile number, and Personal Email Address and Permanent/ Present address.
Further, Aadhaar is mandatory, if it is assigned. If not, then Voter ID or Passport or Driving License shall be attached. Accordingly, copy of any one of the above selected information is to be attached.
The DIN holder and a professional (CA/CS/CMA) certifying the form are the two signatories in form DIR-3 KYC.
Please note that in case of Citizens of India, the PAN mentioned in the DSC is verified with the PAN mentioned in the form.
In case of foreign nationals, the name in the DSC affixed should match with the name entered in the form. DSCs affixed on the form should be duly registered on the MCA portal.
Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or Aadhaar shall be attached and should be in the name of applicant only.
In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.
Send OTP button remains disabled till successful pre-scrutiny of the form. After successful pre-scrutiny, the form must be saved and only after saving the form, the ‘Send OTP’ button gets enabled.
Further, please note that, once OTP is successfully sent to the valid mobile number and email ID entered in the form, ‘Send OTP’ button gets disabled. OTP is valid for 30 minutes.
