What are the Details and List of documents for Form Dir-3 KYC?

In this article, we will discuss the basic details and list of documents for form Dir-3 KYC. As per a new rule i.e., Rule 12A inserted by the Ministry of Corporate Affairs (“MCA”). It is inserted by the notification dated 5^th July 2018. It introduced the amendment in Companies (Appointment and Qualification of Directors) Rules, 2014. It made Directors KYC mandatory which is effective from 10th July 2018.

Introduction

As per the above notification, MCA introduced a new form DIR-3 KYC. It is required to be filed by every individual who has been allotted Director Identification Number (“DIN”):

It is required to be filed for DIN holders up to 31st March 2018. They are required to file Form DIR-3 KYC on or before 31^st August 2018.

It will be filed annuallyby 30th April every year.

Due Date & Implication

Every individual who has been allotted Directors Identification Number (DIN) irrelevant of status of director whether active or disqualified directors are required to file e-Form DIR 3 KYC by 31st August 2018 without any fees.After 31st August 2018 the same can be filed with a fee of Rs. 5000/-

Since the notification has come, there are lots of queries and doubts in the mind of Professionals & Directors. The Institute of Company Secretaries of India (ICSI) with an official person of Ministry of Corporate Affairs(MCAan ) has conducted a webinar held on August 01, 2018 and clarified the same as follow:

List of documents for Form Dir-3 KYC

Aadhar is mandatory for Indian Citizens;
One time password (OTP) generated through unique mobile number and Email will be valid for 15 Minutes;
Copy of PAN is not mandatory to attached in the form;
Personal mobile Number and e-mail id should not be linked to any other director or Certifying Professional;
Passport is not mandatory for Indian Citizens, but in case if you possess the passport and tick Yes to do you have the passport, then mandatory to give details and attach passport;
the In case of Foreign Citizen, Passport is mandatory and other attachment also required for the permanent address proof;
In the case of foreign citizens, Mobile Number should be foreign or belong to foreign;
If the person is the foreign citizen but resident in India, then Indian Mobile Number can be used;
Digital Signature Certificate must be issued by Indian certifying Authority(Foreign DSCs will not be allowed) ;
All attachment should be self-attested and also attested by practicing Professional;
In the case of Foreign Citizens, Attestation rules to be followed as specified in the Companies(Incorporation) rules;
Driving License and Election ID is not mandatory. But if you specify the details, then you have to attach the documents.

So these documents shall be compiled before filing the FORM DIR KYC -3.

CS AMIT KATHURIA

Email: csamitkathuria.corporate@gmail.com.

Contact: 91-9560636551

Disclaimer:

The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness, and reliability of the information provided. I assume no responsibility, therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of the use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE. RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

CS Amit Kathuria

List of documents for Form Dir-3 KYC