MCA Notifies the ‘Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018’: Format of e-Form DIR-3 KYC notified under Rule 12A (Directors KYC)
The MCA has notified the format of e-form DIR-3 KYC under new Rule 12A (Directors KYC) vide the ‘Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018’, along with procedure for restoration of deactivated DINs of Directors, applicable w.e.f. 10 July, 2018.
MCA has requested all Stakeholders to use PAN based DSC in case of Indian Nationals, while filing DIR-3 KYC form, i.e. DSC should contain PAN as specified in the form. However, in respect of foreign nationals, applicant’s name in DSC would be matched with his/ her name entered while filing the form (DIR-3 KYC). In case the PAN/ Name in DSC does not match with PAN/ Name entered in the form, they would be required to get a DSC with PAN/ Name as specified in the form.
G.S.R. (E).- In exercise of the powers conferred under second proviso to sub-section (1), sub-section (4), clause (f) of sub-section (6) of section 149, sub-section (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: –
1. (1) These rules may be called the Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018. (2) They shall come into force from 10th July, 2018.
2. In the Companies (Appointment and Qualification of Directors) Rules, 2014,
(i) The rule 11 shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted, namely:-
“(2) The Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time in accordance with rule 12A:
(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.
(ii) after rule 12, the following shall be inserted, namely:-
“12A Directors KYC:- Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.
Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit eform DIR-3 KYC on or before 31st August, 2018.”;
(iii) In the Annexure after Form DIR-3 the following Form shall be inserted, namely:-
FORM NO. DIR-3-KYC
KYC of Directors
[Pursuant to rule 12A of The Companies (Appointment and Qualification of Directors) Rules, 2014]
(please refer above attachment for format and full particulars)
Note: The principal notification was published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R. 259(E) dated the 31st March, 2014 and subsequently amended vide the following notifications:-
Serial Number/ Notification Number/ Notification Date
1. G.S.R. 671 (E) 18.09.2014
2. G.S.R. 42(E) 19.01.2015
3. G.S.R. 839 (E) 05.07.2017
4. G.S.R.51(E) 22.01.2018
5. G.S.R.431 (E) 07.05.2018
6. G.S.R. 558 (E) 12.06.2018