DIR-3 KYC AND ITS COMPLIANCE ON MINISTRY OF CORPORATE AFFAIRS WITH CLARIFICATION:
“Director Identification Number” (DIN) means an identification number allotted by the Central Government to any individual, intending to be appointed as director or to any existing director of a company, for the purpose of his identification as a director of a company:
Provided further that “Director Identification Number” (DIN) includes the Designated Partnership Identification Number (DPIN) issued under section 7 of the Limited Liability Partnership Act, 2008 (6 of 2009) and rules made there under.
MCA Notification About the Introduction and Compliance of DIR-3 KYC
The Ministry of Corporate Affairs (MCA) vide Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 (Rules) has introduced mandatory filing of new E-Form DIR-3-KYC on an annual basis. The notification is effective from 10 July, 2018 and the e-form was made available on the MCA portal for filing purpose
For the Financial Year 2017-18:-
“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 Eform DIR-3 KYC on or before 31st August, 2018.”
Every director who has been allotted DIN on or before 31st March 2018 and whose DIN status is approved on MCA website, required to file DIR-3KYC on or before 5th October 2018.(Later Date extended by MCA).
For Financial Year 2018-19 onwards:-
Every director who has been allotted DIN on before the end of financial year and whose DIN status is approved on MCA website, required to file DIR-3KYC on or before 30th April of the immediate next financial year.
But due to non deployment of revised form DIR-3 KYC on MCA portal for the FY2018-2019, clarification given by MCA on 13th April 2019 regarding filing of DIR-3 KYC :-
As per rule 12A of the Companies (Appointment and Qualification of Directors) Rules 2014, 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 5th October,2018.
However, the DIR-3 KYC e-form presently available on the portal does not cater for the following:
(i) Filing on annual basis, and
(ii) Filing in respect of DINs allotted post 31 March 2018.
It presently caters only to those individuals who were allotted DINs as on 31st March 2018 and whose DINs have been marked as ‘Deactivated due to non-filing of DIR-3 KYC’. Stakeholders may please note that DIN holders are required to file the DIR-3 KYC form every year, so that they are aware of and confirm the data & information as available in the MCA21 system.
With the objective of making the form more user friendly, the form is presently being modified to enable pre-filling of data & information so that annual filings can be done by DIN holders in a simple and user friendly manner. The revised form, which will be shortly deployed, can be filed without any fee within a period of 30 days from the date of deployment.
Notification dated 30th April 2019:-Regarding Extension of date of filing of E-form DIR-3 KYC: Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per Companies (Appointment and Qualification of Directors) Amendment Rules, 2019, shall submit e-form DIR-3-KYC to the Central Government on or before 30th June of immediate next financial year.
General Circular No. 07/2019 dated 27/06/2019:- Regarding filing of DIR-3 KYC through web-based verification service after deployment of Eform DIR-3 KYC on MCA portal:
The matter has been examined and it is hereby informed that it is being proposed that every person who has already filed DIR-3 KYC will only be required to complete his/her KYC through a simple web-based verification service, with pre-filled data based on the records in the registry, for ease of verification by the person concerned.
However, in case a person wishes to update his mobile no. or e-mail address, he would be required to file e-form DIR-3 KYC, as this facility of updation is not being proposed in the web-based service.
In case of updation in any other personal detail, e-form DIR-6 may be filed for updation of the same before completion of KYC through the web-based service.
The amendment in the relevant rules including the amendment related to extension of time (allowing for adequate time) for completion of KYC through e-form DIR-3 KYC or the web-based service, as the case may be, is being notified shortly. So DIR-3 KYC for the FY 2018-2019 to be filed as per the revised notification to be notified on MCA portal soon.