The ICAI issued an advisory on certain points to be considered by Practicing/Director Members when certifying/submitting details and information in e-form DIR-3 (KYC of Directors) and to comply with MCA’s extended deadline of 05/10/2018. Also, MCA has shared a set of FAQs on e-Form DIR-3 KYC.
ICAI Advisory for Members (dt. 26/07/2018) on ‘MCA updating KYC of Directors’
Sub: MCA to update KYC of Directors | New E-form DIR-3 KYC has been notified
The Ministry of Corporate Affairs as part of updating its registry, would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC. As part of this every director who has been allotted DIN on or before 31-03-2018 and whose DIN is in ‘Approved’ status, would be mandatorily required to file form DIR-3 KYC on or before 5 Oct. 2018, using his/her own Class – II DSC and the form would be required to be digitally certified by a practicing professional (CS/CA/CMA) using Class-II DSC. Filing of Form would be mandatory for Disqualified Directors also.
The following points to be taken into account as per DIR-3 KYC for providing details and information:
i) Every Director who has been allotted DIN on or before 31/03/2018 and whose DIN status is ‘Approved’ would be mandatorily required to file form DIR-3 KYC.
ii) Filing of DIR-3 KYC would be mandatory for Disqualified Directors.
iii) Due date of filing of DIR-3KYC is on or before 05/10/2018.
iv) In case of Indian nationals, Income-tax Permanent Account Number (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN. In such cases, director details should be as per Income-tax PAN. In case the details as per Income-tax PAN are incorrect, director/designated partner is advised to first correct the details in Income-tax PAN.
v) Mandatory Information which is required in DIR-3 is – Unique Personal Mobile Number, Personal Email ID, One time Password (OTP) on Email ID and OTP on Mobile No.
vi) Certification of DIR-3 KYC – DSC (class- 2) of Director & DSC (class – 2) of practicing professional (CA/CS/CMA).
vii) If director fails to file DIR-3 KYC, the MCA 21 system will mark all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’.
viii) After the due date of filing DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken.
ix) MCA notifies ‘Nil Fee’ and ‘Delayed Fee of Rs. 5,000’ for Filing e-Form DIR-3 KYC under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, applicable w.e.f. 10th July 2018.
x) MCA notifies format of e-form DIR-3 KYC under new Rule 12A (Directors KYC) along with procedure for restoration of deactivated DINs of Directors, applicable w.e.f. 14/07/2018
The members who are Directors are requested to fill the Form at the earliest and other Directors too are requested to fill the Form within the due date. Form is available at the link http://www.mca.gov.in/
The members are also requested to be prepared for certifying DIR – 3 of the directors who would be updating their details and filing with MCA.
MCA’s FAQs on e-Form DIR-3 KYC
1. Who is required to file DIR-3 KYC form?
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 31/08/2018.
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 April 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’.
2. Which details are required to be filled in the form?
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, applicants are required to provide AADHAAR, if not then Voter ID or Passport or Driving licence. Accordingly, copy of any one of the above selected information is to be attached.
3. Is it mandatory to enter a unique mobile number and email ID in form DIR-3 KYC?
Yes. It is mandatory to enter your personal mobile number and personal email ID in the form DIR-3 KYC and the same has to be verified by an OTP process. Further, the mobile number and email ID must be unique such that it is not already linked with some other person in the DIN holders’ database.
4. How does the OTP functionality in DIR-3 KYC work?
Send OTP button will be enabled only after successful Pre-scrutiny of the form. After successful Pre-scrutiny, user has to click on ‘Send OTP’ button.
5. Who are the signatories in DIR-3 KYC form?
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.
6. I am a disqualified director, am I required to file form DIR-3 KYC?
Yes. Any person who has been allotted DIN and where the status of such DIN is ‘Approved’, is required to file form DIR-3 KYC. Hence, disqualified directors are also required to file form DIR-3 KYC.
7. What is the fee for form DIR-3 KYC?
Form DIR-3 KYC, if filed within the due date of the respective financial year, no fee is payable. However, if filed after the due date, for DIN status ‘Deactivated’ a fee of Rs. 5000 shall be payable.
8. My DIN status is ‘Deactivated’. Can I file form DIR-3 KYC?
Form DIR-3 KYC can be filed for status ‘Deactivated’ on payment of fee of Rs. 5000 only if the DIN was deactivated due to non-filing of form DIR-3 KYC.
9. Whether details entered in the form DIR-3 KYC will update DIN Holders’ database?
Yes. All information as entered in the form DIR-3 KYC shall be updated in the DIN holders’ database.
10. Whether multiple filing of form DIR-3 KYC is allowed?
System will not allow multiple filing of form DIR-3 KYC for an applicant. In case KYC is already filed for a DIN, and such DIN is entered again, system throws an error that the form is already filed.
11. Whether non-resident directors can provide Indian mobile numbers?
In case the DIN holder is a resident of India, the address must be an address in India and mobile number must be an Indian mobile number.
In case DIN holder is non-resident, foreign address and foreign number shall only be allowed.
12. What attachments to provide for proof of address?
Please refer to Instructions kit of DIR-3 KYC.
13. Why is the ‘Send OTP’ button disabled?
What is the validity of OTP? 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 15 minutes.
14. OTP not received on email. Why is it so?
You may check the Spam folder in your mailbox for the OTP received.
All Directors of All Companies to file New e-form DIR-3 KYC Annually: MCA
As per Announcement (dt. 28 June 2018) on MCA Website, the MCA would be conducting annual KYC of all Directors of all companies, to update its registry, through a new e-form (DIR-3 KYC), which is to be notified/ deployed shortly. Accordingly, every Director who has been allotted DIN upto 31 March, 2018 and whose DIN is in ‘Approved’ status, has to mandatorily file form DIR-3 KYC by 31 August 2018. While filing the form, the Unique Personal Mobile Number and Personal Email ID would have to be mandatorily indicated and would be duly verified by One Time Password (OTP). The form should be filed by every Director using his own DSC and should be duly certified by a practicing professional (CA/ CS/ CMA). Filing of DIR-3 KYC would be mandatory for Disqualified Directors also.
After expiry of the due date by which the KYC form is to be filed, the MCA21 system will mark all approved DINs (allotted on or before 31st March 2018) against which DIR-3 KYC form has not been filed as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’. After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken.
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MCA Notifies the Format of e-Form DIR-3 KYC under Rule 12A (Directors KYC)