MCA on part of updating its registry, would be conducting KYC of all Directors of all companies and annually through a new e-form viz. DIR-3 KYC as notified vide MCA’s notification dated July 05, 2018 issued Companies (Registration Offices And Fees) Third Amendment Rules, 2018 in order to amend its existing rules Companies (Registration Offices And Fees) Rules, 2014. These rules will came in to force w.e.f. July 10, 2018.
Under this rule,all the Directors who have been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status, would be mandatorily required to this E-form every year till the 30th April of every financial year, without any fee of the immediate previous year.
However, In the case of current financial year 2018-19, no fee would be chargeable till August 31, 2018 and fee of Rs. 5,000 would be payable on or after September 1, 2018.
The Unique Personal Mobile Number and Personal Email ID have to be mandatorily indicated, while filing the form, andalso to be verified by One Time Password(OTP).
Every Director has to file form using his/her 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 as said above by which the KYC form is to be filed,the MCA site 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 expiry of due date of filing of DIR-3 KYC in respect of the deactivated DINs will be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken.
MCA on 05th of July notified about this new annual form - DIR-3 KYC and also specified late fee of ? 5,000 for delayed forms.
The Ministry of Corporate Affairs amended previous rules to empower the Centre or Regional Director (Northern Region) or any officer authorised by them to deactivate the DIN of an individual who does not intimate his particulars in e-KYC form within the stipulated time.
The form DIR-3 KYC will get notified and deployed shortly.
In case of Indian Nationals i.e., DSC should contain PAN as specified in the form.
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.
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