E-FORM DIR-3 KYC

MCA is conducting KYC of all Directors of all companies annually through a new e-form viz. DIR-3 KYC.

Important points to be noted:

1. Every director who has been allotted DIN on or before 31st march, 2018 and whose DIN status is ‘Approved’

2. Due date of filing of DIR-3KYC is on or before 31st August, 2018.

3. Mandatory Information DIR-3 –

4. Certification of DIR-3 KYC

5. Filing of DIR-3 KYC would be mandatory for Disqualified Directors as well.

6. If director fails to file DIR-3 KYC the MCA21 system 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’

7. MCA notifies ‘Nil Fee’ and ‘Delayed Fee of Rs. 5,000’ for Filing e-Form DIR-3 KYC under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, applicable w.e.f. 10 July 2018.

8. After the due date filing of DIR-3 KYC in respect of such deactivated DINs shall be allowed upon payment of a specified fee only, without prejudice to any other action that may be taken.

9. MCA notifies format of e-form DIR-3 KYC under new Rule 12A (Directors KYC) along with procedure for restoration of deactivated DINs of Directors, applicable w.e.f. 10 July, 2018.

10. If any delay in Filing of DIR – 3KYC, the Penalty Fees of Rs. 5,000 per Form should be levied. The Central Government or Regional Director (Northern Region) are hereby authorized to deactivate DIN against which DIR-3 KYC is not filed within due date, deactivated DIN means a person cannot act as a Director while his DIN is deactivated and any act done by him/her will be invalid and which might attract various penalties under Companies Act, 2013. In addition to the above penalty, any wrong information, if any provided in the form, will also liable for penalty under Section 448 and 449 of the Companies Act, 2013.