Tag Archives: DIR-3 KYC

DIR 3 KYC (What is DIR-3-KYC)

What is DIR-3-KYC?

 

DIR-3-KYC is a new E-form to be launched shortly by the Ministry of Corporate Affairs.  This form will be used to update KYC of all directors.  As per rule 12A of Companies (Appointment and Qualification of Directors) Rules, 2014 applicable w.e.f. 10th July 2018 every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.

 

Therefore the form DIR-3 KYC is to be filed by every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year.

For example DIN was allotted to Mr. X 7th July 2018 he would need to file DIR-3 KYC before 30th April 2019

 

What is the last day to file DIR-3 KYC for directors

whose DIN has been allotted on or before 31st March

2018 ?

 

31st August 2018 is the last date to file DIR-3 KYC by every Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status.

 

Is it compulsory to file DIR-3 KYC ?

Yes, its mandatory to be filed by all  Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status

 

EVEN  DISQUALIFIED  DIRECTORS NEED TO FILE FORM

DIR-3 KYC

 

What if someone failed to file form DIR-3 KYC on due

time?

After expiry of the due date by which the DIR-3 KYC form is to be filed, 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’.

Can the DIR-3 KYC be filed after 31st August 2018?

Yes, 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 by the MCA.

Thanking you.

For Kashif Ali & Associates

(Company Secretaries)

 

Kashif Ali

FCS. LL.B. M.Com.

Member ICSI (NIRC) Placement Committee

Off:C-100, Sarai Julena, New Friends Colony

New Delhi-110025

 

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This article is written by Kashif Ali, fellow member of ICSI and law graduate. Kashif Ali is into corporate law practice since 2010 in the name of Kashif Ali & Associates (Company Secretaries) at New Delhi. He can be reach at cs.kashifali@gmail.com.

 

 

 

 

Companies (Appointment and Qualification of

Directors) fourth Amendment Rules, 2018

Government of India

MINISTRY OF CORPORATE AFFAIRS

Notification

New Delhi, 5th July, 2018

G.S.R. (E).—In exercise of the powers conferred under second proviso to sub-section (1), sub-section (4), clause(f) of sub-section (6) of section 149, sub-section (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: –

  1. (1) These rules may be called the Companies (Appointment and Qualification of Directors) fourth Amendment Rules, 2018.

(2) They shall come into force from 10th July, 2018.

  1. In the Companies (Appointment and Qualification of Directors) Rules, 2014,

(i) The rule 11 shall be renumbered as sub-rule (1) thereof and after sub-rule (1) as so renumbered, the following sub-rules shall be inserted, namely:-

“(2) The Central Government or Regional Director (Northern Region), or any officer authorised by the Central Government or Regional Director (Northern Region) shall, deactivate the Director Identification Number (DIN), of an individual who does not intimate his particulars in e-form DIR-3-KYC within stipulated time in accordance with rule 12A:

(3) The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed along with fee as prescribed under Companies (Registration Offices and Fees) Rules, 2014.

(ii) after rule12, the following shall be inserted, namely:-

“12A Directors KYC:- Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall, submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March, 2018, shall submit e-form DIR-3 KYC on or before 31st August, 2018.”;

http://mca.gov.in/Ministry/pdf/CompaniesAppointmentQualificationRules_06072018.pdf

 

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