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DIR-3 KYC -THE COMPANIES ACT REQUIREMENT



On 5th July, 2018 the Ministry of Corporate Affairs notified the amended Companies (Appointment and Qualification) Rules, 2014. With effect of this notification it is mandatory for individuals possessing DIN shall file form DIR-3 KYC w.e.f 10th July, 2018.

Rule 11 of the Companies (Appointment and Qualification) Rules states the cancellation or surrender or Deactivation of DIN and as per the amendment in rule 11, it is been renumbered as sub rule (1) of rule 11 and sub rule (2) and (3) are added as mentioned below:-

The Central Government or Regional Director (Northern Region) shall deactivate the DIN of all those directors who do not intimate particulars in e-form DIR-3 KYC within time period as per Rule 12A.
The deactivated DIN shall be activated only after e-form DIR-3-KYC has been filed along with fees.
Rule 12A has been inserted after rule 12 stating that every individual who has been allotted DIN on 31st March of financial year shall file the form DIR-3-KYC on or before 30th April of immediate financial year.

For now all those who have been allotted DIN on or before 31st March, 2018 shall submit DIR-3-KYC on or before 31st August, 2018.

Requirements for DIR-3 KYC-

  • Unique Personal Mobile Number
  •  Personal Email ID For the purpose of verification by One Time Password (OTP).
  • Digital Certificate of every Director.
  • Certification by a practicing professional (CS/CA /CMA).
  •  Proof of Permanent address (in case of same as present address otherwise proof of present address also).

While filing DIR-3 KYC form, all directors/individuals are requested to use PAN based DSC 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.

Consequences due to Deactivation:-

  1. Unable to file approved financials with MCA in AOC-4, MGT-7)
  2. Unable to make required intimation to MCA i.e. cessation of directors/ KMPs.
  3. Re- activation would be subject to specified fee.
  4. Penalty in the form of late fees due to non-filling of corresponding return & intimation requires during the year.
  5. May arise other penal actions due to delayed filling.

There is no fee for filing  e-form DIR-3 KYC within specified timeline as mentioned above but if the filing is delayed  and e-form is filed on or after 1st September, 2018 for current year and for following years if delayed after 30TH April, 2018 there is fine of Rs. 5000

The above mentioned rules and notification are effective from 10TH July, 2018.


For further information in this matter, please write to us at:

Compliance Chambers
Advisory & Consulting
Address F-2 / 151, Sector - 11
Rohini, New Delhi |  Pin Code 110085
Email Us at: compliance.chambers@gmail.com
Website: https://compliancechambers.blogspot.in/
Abhimanyu Rajpurohit:  +91 93100 48341, +91 7838060605
Manish Nama:               +91 88007 22330, +91 88004 22330



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