DIR-3 KYCSection 8 company is a special entity registered with a sole objective of charitable purpose. Unlike a trust, this is a corporate business structure that ensures the limited liability and a separate existence.
|Act||No specified Act|
|Number of members||Only 1|
|Separate Legal Entity||No|
|Statutory Audit||Not mandatory|
|Foreign Participation||Not Allowed|
Tags: file, dir-3, kyc, accounting secretarial, compliances
What is form DIR-3 KYC?
Filing DIR-3 KYC is a part of annual KYC conducted by Ministry of Corporate Affairs. MCA has announced mandatory annual KYC for all DIN holder w.e.f. 10th July 2018 by inserting Rule 12A to Companies (Appointment and Qualifications of Directors) Rules, 2014. This compliance is applicable to every individual holding DIN with ‘Approved’ status and also to those who are disqualified.
This being annual requirement, every DIN holder has to fulfill the compliance with respect to every financial year. The common due date for filing is 30th April of immediate next financial year. The last date (i.e. 15th September, 2018) for filing the form for a person holding DIN on or before 31st March, 2018 has been passed. Therefore, DIN of the person who has failed to file the form will be deactivated. To reactivate the DIN, the concerned person has to file the KYC with fee of INR 5,000 to Government.
However, considering the technical difficulties faced to comply with KYC requirements, the ministry has allowed DIR-3 KYC filing at a reduced fee of Rs 500 for 15 days starting from 21st September. October 6 onwards, fee of Rs 5,000 will apply to reactivate DIN.
15th September, 2018
Extended due date for person who has been allotted DIN on or before 31st March, 2018
30th April of immediate next F.Y.
Applicable to every individual holding DIN
Government fee to Reactivate DIN:
21st September, 2018 to 5th October, 2018
Reduced fee of Rs 500
6th October, 2018 onwards
Consequences of non-filing
Penalty of INR 5,000 is charged for delayed filing
Deactivation of DIN with reason of 'Non-filing of DIR-3 KYC'
Documents required for filing DIR-3 KYC
Digital Signature Certificate
Class – 2 DSC of the individual based on PAN
Self-attested copy of PAN Card to be provided
Self-attested copy of Aadhar Card; or Voter’s ID Card; or Driving Licence
Self-attested copy of Passport to be provided, if any
(Mandatory for Foreign Nationals)
Mobile No. & E-mail Id
Unique personal number and e-mail Id to be provided for OTP verification
Details of Citizenship, Nationality and Residential Status to be provided
Fulfil compliance in 3 Easy Steps
1. Follow Quick Process
- Spare less than 10 minutes to fill our online questionnaire
- Upload required documents
- Make quick payment through our secured gateways
2. Experts at LW are here to help
- Assigned Relationship Manager
- Preparation and filing form online
- CA/CS Certification
- Updated Director/ Partner Master Data
3. Your KYC is updated!
- All it takes is 3 working days*
Process of filing KYC online
Day 1 - Collection
- Collection of basic Information
- Provide Required Documents
Day 2 - 3 - Preparation & Filing
- Preparation and filling an online form
- Online filing with Professional Certification
- Sharing updated Director/ Partner Master Data
Explore to know about DIR-3 KYC
Who is required to file e-form DIR-3 KYC?
Every individual who has been allotted DIN and has ‘approved’ status must file this form if he is:
– a director in the company; or
– a partner in LLP; or
– holding DIN but not associated with any organization.
Is it mandatory to have DSC for filing DIR-3 KYC?
Yes, every DIN holder must possess valid PAN-based Class – 2 DSC. The e-form is filed with individual’s own DSC, details of which are verified directly with the Income Tax Department as per PAN. In case of foreign national, the name would be matched with his/her name entered while filing DIR-3 KYC.
Is professional certification mandatory?
Yes, professional certification for filing DIR-3 KYC is mandatory. The e-form must be certified by the practising professional i.e. CA/CS/CMA with his DSC.
My DIN status is ‘Deactivated’. Can I file KYC form?
No, an Individual with ‘Approved’ status can only file this form. However, if your DIN is deactivated by reason of non-filing of DIR-3 KYC, you can file this form for re-activating DIN by payment of the prescribed fee (INR 5,000).
I am a non-resident Indian. Can I provide Indian number mobile number?
No. A non-resident must provide a foreign mobile number and foreign address as their permanent address.
What is the Government fee for filing e-form DIR-3 KYC?
For filing the said form, there is no government fee prescribed. However, if it is filed after the due date, a penalty of INR 5,000 is imposed.
What happens if my DIN gets deactivated due to non-filing of KYC?
In said case, the DIN will be deactivated with the reason of ‘non-filing of DIR-3 KYC’. Due to deactivation, you will not be allowed to take any actions based on your DIN and any action taken will be held invalid.
Is this a one-time process or to be done annually?
Filing KYC by directors are prescribed annually. For every financial year, the KYC is to be updated by 30th April of the immediate next financial year.
My DIN is deactivated due to non-filing of DIR-3 KYC. How do I reactivate it?
If your DIN is deactivated due to non-filing, you are required to file KYC with a fee of INR 5,000 towards Government fee to reactivate the same.
How can I file KYC to reactivate my DIN?
As informed by Ministry, the process of deactivating the non-compliant DINs is in progress, which is likely to be completed by 17th September, 2018. Once the process is completed and availability of the form, the concerned person will be able to file the said form for reactivating DIN.