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All About MCA DIR 3 KYC Form with Due Date and Penalty

DIR 3 KYC Form Due Date & Penalty

Director identification number (DIN) refers to a unique identification number allotted to an individual who is willing to be a director or is an existing director of a company. DIN is obtained by filing an application in eForm DIR-3, which was initially a single-time process to be carried out by the one who wishes to become a director in one or more than one company.

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    However, now with an update in MCA’s registry, it becomes mandatory for all directors having DIN to submit their KYC details in e-Form DIR 3 KYC every year.

    Latest Update in Form DIR-3 KYC Under MCA

    • The web-form DIR-3-KYC-WEB and DIR-3-KYC e-form due date has been extended to 15th October 2022 without a late fee. Read Circular

    Important Update by MCA – “DIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as “ACTIVE non-compliant” due to non-filing of Active Company Tagging Identities and Verification (ACTIVE) e-form are encouraged to become compliant once again in pursuance of the General Circular No. 11 dated 24th March 2020 & General Circular No.12 dated 30th March 2020 and file DIR-3KYC/DIR-3KYC-Web/ACTIVE as the case may be between 1st April 2020 to 30th September 2020 without any filing fee of INR 5000/INR 10000 respectively.”

    Who Needs to File e-Form DIR 3 KYC?

    According to the recent announcements by MCA, directors are required to submit their KYC details to the MCA if they meet the below-mentioned conditions:

    • As per the announcement by the MCA department, any director whose Director Identification Number (DIN) was approved by 31st March 2018 must submit his KYC details. Moreover, the disqualified directors are also required to follow this procedure.
    • Every director who has been allocated a DIN on or before the end of the financial year and whose DIN has been approved shall file form DIR-3 KYC before 30th September of the following financial year.
    • For Example, The DIN or Director Partner Identification Number (DPIN) holders and directors assigned DPIN by 31st March 2023 need to complete the eForm DIR-3 KYC by 30th September 2023.

    Things to keep in mind while filing e-Form DIR-3 KYC

    • Director will have to provide their mobile number and email id while filing this e-form. This information will be verified by a One-Time-Password (OTP)
    • Directors will have to use their digital signatures for filing this e-Form
    • Directors will have to ensure that the e-Form is certified by a Chartered Accountant or Cost Accountant or Company Secretary, practising the profession

    Type of DIR-3 KYC Filing

    The DIN holder can file and update their DIR-3 KYC details through e-Form and web services for the previous financial year. These are two types and details mentioned below:

    KYC Details Update Via e-Form DIR-3

    The web services are available to the DIN holder who has previously submitted the e-Form DIR-3 KYC in the past financial years and also does not require an update in KYC details and can make annual KYC updation.

    KYC Update via Web Services of DIR-3

    The holder of DIN filing the KYC details in the initial period as per the MCA should file the details of KYC via the e-Form DIR-3 KYC and the web services access is not available to the person, also the DIN holder needs to update the KYC via the e-Form DIR-3 KYC if the update has to be updated. There is no access to the web services for the updation of DIR-3 KYC.

    Due Date and Penalty Charges for Not Filing DIR 3 KYC Form

    When a director fails to file the e-Form by the due dates (or extended due date) on MCA 21 portal, the DIN of such director is marked as ‘Deactivated due to Non-filing of DIR-3 KYC’ by the department. In such cases, the director can re-activate his DIN by filing the missed out e-Form DIR-3 KYC after paying a late fine of INR 5,000.

    Note:

    E-FormPurpose of FormTimelineLast Date to FileRemark
    DIR-3 KYCKYC of DirectorsAnnual Compliance30th September 2024Every individual who holds DIN as on 31st March 2024 and who has not filed DIR 3 KYC form previously or there is a change in email id and mobile number.
    DIR-3 KYC WebKYC of DirectorsAnnual Compliance30th September 2024Every individual who has previously filed form DIR-3 KYC and there is no change in email id and mobile number.

    Documents Required to File DIR 3 KYC Form

    • Details of Nationality
    • Details of citizenship like gender, date of birth, etc.
    • Permanent Account Number (PAN)
    • Passport (compulsory when DIN holder is of foreign nationality)
    • Driving License
    • Aadhaar card
    • Personal Mobile and Email ID
    • Proof of Residential address.
    • Voters Identity card

    Besides, the above-mentioned documents, directors must also be prepared with the following things:

    • His digital signature to file the form
    • Attestation of the above-mentioned documents by CA, CS, or Cost Accountants who are practising the profession. Attestation by the prescribed authorized person in case of Foreign nationalities
    • A declaration made by them (applicant/director) properly attested by CA, CS, or Cost Accountants who are practising the profession

    Step-by-step Process to File DIR 3 KYC Form

    Step 1: Download the form

    • The first and foremost step is to download the DIR-3 KYC form from the MCA website

    Step 2: Fill in the DIN details

    • Directors must fill in the DIN in the KYC form, whose status is ‘Approved’
    • Directors with deactivated DIN because of non-filing of KYC Forms, can fill the form after the prescribed due date by paying late filing charges

    Step 3: Furnish the Required Details in the DIR- 3 KYC Form

    Name & Relevant Credentials

    The applicant must fill in his first & last name and also the first & last name of his father. Few points to be kept in mind:

    • Director must enter his name which is mentioned in his PAN
    • The address furnished in the form will be authenticated with the PAN database
    • Single alphabets, Acronyms, and Short forms are not permitted

    Nationality

    • A director needs to declare his nationality
    • Directors with foreign nationality must declare the nationality mentioned in their passport

    Age Declaration

    A director must enter his date of birth (DOB) in the DD/MM/YYYY format. Age declaration is mandatory because a person below the age of 18 years is ineligible to file this application.

    Address

    A director must mandatorily enter his permanent residential address and attach proof of permanent address. When the current residential address is different from the permanent residential address, it becomes compulsory to furnish the current residential address.

    Note: A foreign pin code can be furnished only when the state selected is “NA”.

    Step 4: PAN Verification

    Permanent Account Number (PAN) verification is mandatory. First, a director must enter his PAN and then click on the ‘Verify income-tax PAN’ button. Then, the system verifies the details of the director on the basis of the PAN card number.

    Note: The PAN furnished in the form should match the PAN mentioned in the DSC for successful authentication. In case when foreign nationals do not have a PAN, the name furnished in the form must match the name mentioned in the DSC for successful authentication.

    Step 5: Update Contact Details and Verify OTP

    • A director must update his contact details by entering his mobile number and e-mail address, which gets verified through an OTP
    • When a director enters these contact details, he needs to get them verified through an OTP by clicking on the ‘Generate OTP’ button after the submission of these details. Separate OTPs are sent for mobile numbers and email addresses
    • Only the directors who are not residents of India are allowed to enter the country codes other than +91/91/0
    • It should be noted that an OTP will successfully be sent to the mobile number & email address for a maximum of 10 times/day and twice in 30 minutes against one form

    Attested Attachments are to be made

    Below-mentioned documents must be attested to and uploaded by an applicant.

    • Proof of Permanent address
    • Other attachments needed under some conditions include
    • Proof of present address
    • Copy of Aadhaar Card
    • Copy of Passport

    Note: Any other attachments must be digitally signed by the applicant.

    Step 6: Authentication of e-Form

    Directors must ensure that the e-Form is authenticated which means it is digitally signed by a Chartered Accountant/Cost Accountant, or a Company Secretary, practising the profession. Furnishing the details of the practising professional along with their digital signature is a crucial task that can not be avoided.

    • Click on the ‘Submit’ button, after a comprehensive proofread.

    Procedure after e-form submission

    Step 7: SRN Generation

    Once the e-Form DIR-3 KYC is submitted successfully, an SRN is generated and allotted to the user for future use correspondence with the MCA.

    Step 8: Email communication

    The applicant will receive an email that acknowledges the receipt of the form on his personal email ID.

    Solved! Queries for DIR-3 KYC & DIR-3 KYC Web Form Under MCA

    Q.1 – Who is liable to fill the Form DIR-3 KYC?

    Persons who have DIN registered under their names on 31 March and have not filed Form DIR-3 KYC in the previous year are liable to file Form DIR-3 KYC in the current year. Moreover, people who have already filed the form but are willing to make some changes in the contact information or any other particulars are invited to fill the form with updated details in the current year

    Q.2 – What is the objective behind filing Form DIR-3 KYC?

    The purpose behind introducing the Form DIR-3 KYC is to record the correct details of the DIN holder

    • There are cases where individuals applying for DIn have furnished wrong information, so this is to verify the details given earlier.
    • There might be some recent changes in the address or contact details or any other relevant information of the DIN holder which he needs to update using Form DIR-3 KYC

    Q.3 – Explain about Form DIR-3 KYC WEB?

    Form DIR-3 KYC WEB is simply to verify the data filled by the DIN holder in his previous year’s Form DIR-3 KYC. provided that the entire data is updated and there are no changes in the data

    Q.4 – What is the due date assigned by MCA for filing Form DIR-3 KYC?

    For the persons who are having DIN on 31 March it is mandatory to file Form DIR-3 KYC on or before 30 September of the current month. For those who have acquired the DIN anytime after 31 March of the current year are required to fill the form on or before 30 September of the next financial year

    Q.5 – How do I file Form DIR-3 KYC WEB?

    Ans: Here is the step-wise guidance to file the form:

    • Log in to the MCA portal with the help of your login credentials
    • Click on MCA Service → DIN Services → DIR-3-KYC-WEB
    • Enter your DIN
    • Mobile number and email ID that are pre-loaded will appear on the screen
    • Click on send OTP
    • An OTP will be directed to your mobile number and Email ID
    • Enter the OTP and Click on “Verify OTP”
    • Pre-loaded details of the DIN holder will flash on the screen. Tally all the details and make necessary changes. Finally, Click on Submit
    • A zero rupee challan and SRN shall be created if the form is filed on or before 30th September

    Q.6 – Deadlines for e-filing Form DIR-3 KYC WEB?

    Due date for verifying and submitting Form DIR-3 KYC WEB is on or before 31 September

    Q.7 – Is it mandatory to file e-form DIR-3 KYC in the current year if someone has filed the same in the previous year?

      No, e-form DIR-3 KYC is not mandatory compliance until the DIN holder is having any changes in the details he/she has furnished in the last year’s form

    Q.8 – What if there is a change in the contact information given by the DIN holder in the previous year’s Form DIR-3 KYC?

    • If there are changes in the mobile number, email ID, or any other related contact detail then one must furnish Form DIR-3 KYC WEB in the current year
    • In case, the person is willing to update his/her permanent address, residential address, Passport number, nationality, etc. then he/she must file DIR-6. Once the details in DIR-6 are verified then one must update the details through e-form DIR-3 KYC WEB

    Q.9 – What if I have received the DIN after March 31 (of the previous year) and certain changes appear in my contact information before March 31 (of the current year)?

    • If there are changes in the mobile number, email ID, or any other related contact detail then one must furnish Form DIR-3 KYC WEB in the current year anytime before 30 September
    • In case, the person is willing to update his/her permanent address, residential address, Passport number, nationality, etc. then he/she must file DIR-6. Once the details in DIR-6 are verified then one must update the details through e-form DIR-3 KYC WEB anytime before 30 September

    Q.10 – Is there a penalty for not filing e-form DIR-3 KYC of Form DIR-3 KYC web on or before the due date?

    Penalty for not filing e-form DIR-3 KYC is not yet stated by the administration but for delayed filing of e-form DIR-3 KYC or e-form DIR-3 KYC WEB will invite the penalty of Rs. 5000

    Q.11 – What is the aftermath of not abiding by the regulatory norms of Directors’ KYC other than a penalty?

    If form DIR-3 KYC is not filed or verification is not done through form DIR-3 KYC WEB (if needed) the DIN of the concerned individual will be deactivated. Any Individual with the deactivated DIN is barred from making any online compliance, filing of forms, etc. where DINis needed. He no longer will be identified as the director of any company operative in India. Any compliance related to appointment and/or resignation filed with ROC (Form DIR-12) will not be considered valid until the DIN is reactivated

    Q.12 – List the documents/information that is to be affixed with Form DIR-3 KYC?

    Documents Needed For Indian residents/ foreign resident
    Proof of Permanent Address (Mandatory) Any 1 (one) from the following: –
    • Passport
    • Aadhar Card
    • Electricity Bill
    • Telephone Bill
    • Utility Bills et.
    • Voter’s Identity Card
    • Driving license
    • Ration Card
    • Bank Statement
    Note: Self-attested copies of any of the above documents are needed. Not older than 2 months
    1 year for foreign national in case of documents under point (f) to (i) are furnished)
    Proof of Present Address
    (In case ‘No’ is selected in the field “Whether the present residential address is the same as permanent residential address”)
    Any 1 (one) from the following: –
    1. Bank Statement
    2. Mobile Bill
    3. Telephone Bill
    4. Electricity Bill
    Note: Self-attested copies of any of the above documents are needed. Not older than 2 months.
    1 year for foreign national (mandatory).
    Self Attested Copy of Aadhaar Card Aadhaar is mandatory, in case the applicant is a resident of India (if not received). Voter ID or Passport or Driving Licence.
    Copy of Passport (Self Attested) Mandatory
    1. In applicant has a valid passport
    2. In the case of foreign nationals residing in India, a self-attested copy of Visa along with an arrival stamp is also required
    Self-attested copy of PAN Mandatory, in case, the applicant is a citizen of India

    Q.13 – A person has acquired the DIN but he is not currently posted as the Director in any company. Is he still required to file Form DIR-3 KYC?

    No matter if the person is appointed or not as the director in any public or private company or is a partner or not in the LLP, if he is a DIN holder, he must furnish form DIR-3 KYC and update the details

    Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

    Published by Subodh Kumawat
    Subodh has done with numerous professional degrees ranging from Human Rights to Banking along with MBA in HR Marketing. He is also interested in the field of tax-related articles and blog as per the industry based norms. Having expert knowledge in diverse sectors, he assures facts and figures along with testimony, in his articles. Working in SAG Infotech, he is a trusted author among the readers globally. View more posts
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    3 thoughts on "All About MCA DIR 3 KYC Form with Due Date and Penalty"

    1. I can’t able to upload the filled form as there was an error showing as DSC Error or Invalid Dsc. Can’t understand where im doing wrong. pls anyone can help me.

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