DIR-3 eKYC – KYC mandatory for all Directors
The MCA has recently notified that it is going to be mandatory for all the Directors of all the companies to furnish their KYC (Know Your Customer) for verification through a new eForm DIR-3 KYC. By filing DIR-3 eKYC form, the Director would have to provide their unique personal mobile number and personal email address which would both be verified with an OTP code.
Notification issued by MCA:
The extract MCA notification with respect to the implementation of DIR-3 eKYC form is given below for reference:
“As part of updating its registry, MCA would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC to be notified and deployed shortly. Accordingly, every Director who has been allotted DIN on or before 31st March, 2018 and whose DIN is in ‘Approved’ status, would be mandatory required to file form DIR-3 KYC on or before 31st August, 2018. While filing the form, the Unique Personal Mobile Number and Personal Email ID would have to be mandatory indicated and would be duly verified by One Time Password (OTP). The form should be filed by every Director using his own DSC and should be duly certified by a practicing professional (CA/CS/CMA). Filing of DIR-3 KYC would be mandatory for Disqualified Directors also.
After expiry of the due date by which the 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’. 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.”
Procedure of Filing DIR-3 eKYC form:
This DIR-3 eKYC form would have to be filed by all Directors who have been allotted a DIN on or before 31st March 2018. The date for allotment of DIN can be verified from the letter provided by MCA at the time of allotment of DIN. Procedure of Filing DIR-3 eKYC form is as follows:
1. Enter Name of Director as per PAN database
2. Enter Father’ Name (Married woman must also mention her father’s name)
3. Enter Nationality, Date of Birth, Income Tax PAN
4. Select whether do you have a Passport? If Yes, enter passport number and attach copy of passport
5. Enter Aadhaar Number and attach copy of Aadhaar card
6. Enter Personal Mobile No and Email Id
7. Enter Permanent residential address and present residential address
8. Compulsory Attachments:
• Proof of Permanent residential address – Aadhaar Can be used
• Copy of Aadhaar Card
• Copy of Passport – If Having
• Proof of Present residential address – If different from permanent address
The above attachments must be self-certified by concerned DIN holder and also attested by professionals’ along with his signature and membership number.
After affixing DSC of Concerned Director and Practicing Professional (CS/CA/CWA), Pre-scrutinize the form, and then click on ‘Send OTP’ button. Please note that OTP can be successfully sent to the mobile number and email ID against one form, for a maximum of 10 times in one day and twice in a span of 30 minutes. Once, OTP received on both mobile number and email id, enter the both OTPs and click on verify OTP button. After verification, file the form and save the acknowledgement.
Digital signatures of both Director as well as a Professional like CA/CS/CMA is required to file this form.
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Due Date for filing DIR-3 eKYC or DIN eKYC:
31st August 2018 has been set as the due date for filing DIR-3 eKYC form by the MCA. If DIN eKYC is not conducted on or before the due date, the MCA system will automatically deactivate those DINs for for non-filing of the form.
In such cases, the system will show the message that DIN was deactivated for ‘Non-filing of DIR-3 KYC’.
Such deactivated DINs can be reactivated by paying a nominal penalty (to be announced) and by filing DIR-3 eKYC form.
Difference between DIR-3 and DIR-3 KYC:
Form DIR-3 and DIR-3 eKYC will be separate forms:
1. What is DIR-3 :-
DIR-3 form is applied for obtaining Director Identification Number. If any individual who is not an existing director and is intending to be appointed as the Director of an existing company would be required to file DIR-3 form to obtain DIN.
In 2018, there are little changes in the process of company incorporation. Now, DIR-3 form is not applicable for obtaining DIN during new company incorporation, as DIN is automatically issued under Spice Form.
2. What is DIR-3 eKYC :-
DIR-3 eKYC form is different from DIR-3 form. This is because DIR-3 form is only used to generate DIN for the existing Directors only whereas DIR-3 eKYC form would be used to complete eKYC procedure thereon for each year. Further, it can be ascertained from the MCA notification that DIR-3 eKYC form would have to be filed every year as the notification states “MCA would be conducting KYC of all Directors of all companies annually through a new eForm viz. DIR-3 KYC to be notified and deployed shortly.”
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