FAQs on DIR-3 KYC

Facebook
Twitter
LinkedIn
WhatsApp

DIR-3 KYC

Which section/ rules specify DIR-3 KYC?

Rule 12 A of Chapter XI The Companies (Appointment and Qualifications of Directors) Rules, 2014 specifies DIR-3 KYC.

Who is required to file DIR-3 KYC?

Every individual who holds a DIN (Director Identification Number) as on 31st March of a financial year is required to file DIR-3 KYC.

What is the last date for filing DIR-3 KYC and what fees for the same?

The last date for filing DIR-3 KYC is 30th September of the immediate next financial year.

“No fee if filing is done within the due date.”

What is web-form DIR-3 KYC-WEB?

An individual, who has already submitted e-form DIR-3 KYC in relation to any previous financial year, can submit DIR-3 KYC-WEB through the web service in relation to any subsequent financial year and the same shall be deemed to be in compliance with the provisions of this rule.

“Web-based filing can be done only if there are no changes in the email ID & mobile number already furnished in the e-Form KYC submitted earlier.”

What happens when an individual fails to file either e-form DIR-3 KYC or DIR-3 KYC-WEB?

If e – form DIR-3 KYC or DIR-3 KYC-WEB is not filed within 30th September, the status of the DIN will be changed from ‘Active’ to ‘Deactivated due to non-filing of DIR-3 KYC’.

What is the fee for activating a DIN post the due date?

As per Companies (Registration Offices and Fees) Rules, 2014 the fee for activating the de-activated DIN is INR 5,000.

Do we have pay-later option for filing e-form DIR-3 KYC or web-form DIR-3 KYC-Web post due date?

No, there are no pay-later options available in both cases. Payment has to be made immediately once the SRN (Service Request Number) is generated.

Mr. A holds DIN which was allotted on 30th June 2022, by when the filing is due?

Since the DIN is allotted after 31st March 2022, the filing is due by 30th September of the immediate next financial year; which is 30th September 2023.

Mr. A holds DIN which was allotted on 02nd January 2022, by when the filing is due?

Since the DIN is allotted before 31st March 2022, the filing is due by 30th September of the immediate next financial year, which is 30th September 2022.

Mr. A holds DIN which was allotted on 2nd January 2022, in order to retain DIN active, should the filing be done in e-form DIR-3 KYC or DIR-3 KYC-WEB?

For the first-time reporting of KYC, individuals should always file via e-form DIR-3 KYC.

Mr. A holds DIN which was allotted on 2nd January 2021, in order to retain DIN active, should the filing be done in e-form DIR-3 KYC or web-form DIR-3 KYC-WEB?

Since this is the subsequent filing, Mr. A can file via DIR-3 KYC-WEB in September 2022 (since eForm KYC would have already been filed in September 2021) provided there are no changes in the details which are already registered against the DIN.

DIN was allotted on 2nd January 2019 and when filing DIR-3 KYC-WEB it is noticed that the email ID has to be changed. What has to be done in this scenario?

As per Rule 12A, in case an individual desires to update the personal mobile number or e-mail address, it has to be updated via submitting an e-form DIR-3 KYC.

Can the director update other than email ID and mobile number via e-form DIR-3 KYC?

As per Rule 12A, it is clearly mentioned that e-form DIR-3 KYC can be filed only in order to update the personal mobile number or email address.

Hence, in order to change any details other than email ID and mobile number, the same has to be done only via e-form DIR-6. DIR-6 is subject to scrutiny and is not on an approval basis.

Whether details entered in the form DIR-3 KYC will update the DIN holder’s database?

Yes. All information as entered in the form DIR-3 KYC shall be updated in the DIN holders’ database.

Practical Situation

  1. The Name of the Director got updated when filing e-form DIR-3 KYC instead of filing e-form DIR-6.
  2. Even if it is only a change in the email ID of the director, it is recommended to attach all the required proofs as specified. However, based on the criticality, it has to be discussed and a solution arrived at.
What are the documents that will be required for filing e-form DIR-6?

The following attachments are mandatory to be filed in all cases:

  • Proof of change in particulars
  • Proof of residence of director/ designated partner
  • Address proofs like bank statements, electricity bills, telephone bills, utility bills etc. shall be attached.

In the case of an Indian director/ designated partner, documents should not be older than 2 months from the date of filing of the e-Form.

  • In the case of a foreign director/ designated partner, address proof should not be older than 1 year from the date of filing of the e-Form.
  • In case of proofs which are in languages other than Hindi/ English, the proofs should be translated into Hindi / English by a professional translator carrying his details (name, signature, address) and seal.

Any other information can be provided as an optional attachment(s).

Note: In the case of citizens of India, PAN is a mandatory attachment, irrespective of any changes.

Should the documents be self-attested by individuals as well as professionals?

The supporting documents attached with the e-form shall be self-attested and then also attested by the Chartered Accountant or the Company Secretary or the Cost Accountant, in whole-time practice.

In case, the director is residing outside India, then :

  1. Commonwealth nations- All the documents shall be notarized by a Notary (Public) in that part of the nation; or
  2. Hague Convention- All the documents shall be notarized and duly apostilled.

Other Nations:- All the documents shall be notarized before the Notary (Public) of such Country and the Certificate of the Notary (Public) shall be authenticated by a Diplomatic or Consular Officer empowered on his behalf under Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 or, where there is no such officer by any of the officials mentioned in Section 6 of the Commissioners of Oaths Act, 1889, or in any Act amending the same.

What shall be the attachments for filing the e-form DIR-3 KYC?

The following attachment is mandatory to be filed in all cases:

  • Proof of Permanent Address – Address proofs like passport, election (voter identity) card, ration card, driving license, electricity bill, telephone bill or Aadhaar shall be attached and should be in the name of the applicant only.

Conditional attachments:

  • Copy of Aadhaar Card – In case ‘yes’ is selected in the field “Do you have Aadhaar”
  • Copy of Passport – In case ‘Yes’ is selected in the field “Do you have a valid passport”
  • Proof of present Address – In case ‘No’ is selected in the field “Whether the present residential address is same as permanent residential address”

Optional attachments, if any.

Under what circumstances will the below field get enabled?
Do you have a permanent address outside India?

This field is enabled only for applicants who are NOT citizens of India.

Select whether you have a permanent address outside India.

In case ‘No’ is selected; an affidavit that you do not have any permanent address outside India MUST be attached. – This is based on the instruction given in the help kit of e-form DIR-3 KYC

Foreign/ Indian Pin codes shall be allowed to be entered based on the selection made.

What is the validity of the OTPs which will be received in the mobile number and email ID?

OTP can be successfully sent to the mobile number and email ID against one form, for a maximum of 10 times in one day. OTP shall be valid for a span of 30 minutes.

Should an individual whose DIN has been disqualified under section 164 be required to do KYC reporting?

There is are no such relaxations/exemptions given to the disqualified director. Any individual holding DIN as on 31st March of a financial year is required to do KYC reporting.

What has to be done if an individual is having two DINs?

In case a person has multiple DINs then they need to retain the oldest DIN and surrender all the latest DINs by filing DIR -5 e-form.  Upon approval, DIR-3 KYC is to be taken up.

Whether multiple filing of form DIR-3KYC/ KYC Web is allowed?

The 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, the system throws an error that the form is already filed.

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 the mobile number must be an Indian mobile number. In case the DIN holder is non-resident, foreign addresses and foreign numbers shall only be allowed.

From where can we identify the ISO Country codes?

The help kit of e-form DIR-3 KYC & DIR-6 which is available in the MCA portal has the ISO  Country code list.

Why is the ‘Send OTP’ button disabled?

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, does the ‘Send OTP’ button get enabled.

Should the e-form DIR-3 KYC require professional certification?

E-Form should be digitally signed by a Chartered Accountant/ Cost Accountant or Company Secretary in whole-time practice.

Should the e-form DIR-3 KYC require the DSC of the applicant?

The individual should have a valid DSC (Digital Signature Certificate) to process for e-form DIR-3 KYC.

The PAN mentioned in the form and the PAN mentioned in the DSC affixed, must be the same for successful validation.

In the case of foreign nationals, who do not have PAN, the name mentioned in the form must be the same as the name mentioned in the DSC affixed for successful validation.

OTP not received on email – What should be done in this case?

In case of this issue, we need to check the spam folder or we need to check with the IT department if external emails are blocked.

OTP will be received from the email id ‘noreply@mca.gov.in’ and the mail id shall be shared with the IT dept for lifting the block to avoid issues while carrying out the process.

 

Get Your Guide on
Doing Business India

Open chat
Hi😀. I'm Alex from SAS Partners here. We provide India Entry, Finance, Corporate Legal, Business, and HR advisory services. Let me know what we can help you with today?