e-FORM No. DIR – 3 – KYC

[DR.MARIAPPAN GOVINDARAJAN]

Intimation of DIN by Director

Section 156 of the Companies Act, 2013 (‘Act’ for short) provides that every existing director shall, within one month of the receipt of Director Identification Number from the Central Government, intimate his Director Identification Number to the company or all companies wherein he is a director.

Intimation of DIN by company

Section 157(1) imposes obligation on the part of the company to inform DIN to Registrar of Companies (‘RoC’ for short).  The said section provides that every company shall, within fifteen days of the receipt of intimation under section 156, furnish the Director Identification Number of all its directors to the Registrar or any other officer or authority as may be specified by the Central Government with such fees as may be prescribed or with such additional fees as may be prescribed  and every such intimation shall be furnished in such form and manner as may be prescribed.   Rule 10A (2) of the Companies (Appointment and Qualification of Directors) Rules, 2014 provides that the intimation by the company of Director Identification Number of its directors under section 157 of the Act shall be furnished in Form DIR-3C within fifteen days of receipt of intimation under section 156.”

Penalty

Section 157(2) provides that if a company fails to furnish Director Identification Number the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees.

Amendment to Rules

The Central Government made the Companies (Appointment and Qualifications of Directors) Fourth Amendment Rules, 2018 to amend the Companies (Appointment and Qualifications of Directors) Rules, 2014 which came into effect from 14.07.2018.

Director KYC

Clause 3(ii) of the amendment Rules inserted a new Rule 12A which provides that 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.

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.

Deactivation of DIN

Clause 3(i) of the amendment Rules inserted 11(2) which provides that the Central Government or Regional Director (Northern Region), or any officer authorized 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.

Re-activation of DIN

Rule 3(i) of the amendment Rules also inserted Rule 11(3) which provides that 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 i.e., ₹ 5,000/-

DIR – 3- KYC

The existing Director is to fill all his personal information contained in this Form.  The following documents may be uploaded along with this form-

• Proof of permanent address;(mandatory)
• Copy of Aadhaar card;
• Copy of passport;
• Proof of present address;
• Optional attachments, if any.

The director is to confirm and verify that the particulars given in the Form are true and also in agreement with the documents attached to this form-

• That the documents being attached to the Form DIR-3-KYC belonged to him.
• That he confirmed that all the required documents have been duly issued by the respective Government Authority;
• That he confirmed that the mobile no and email id are personally belonged to him.
• That he has not been declared as proclaimed offender by any economic Court or Judicial Magistrate or High Court or any other Court; and
• That he has no other allotted DIN in which changes are intimated under section 154 of the Act or a designated partner identification number under section 7 of LLP Act, 2008;
• That he shall be liable under section 448 of the Act and under relevant provisions of Indian Penal Code, 1860 and other law asapplicable, if any statement in this application is found to befalse or any material fact is found to be have been omitted.

The said form is to be certified by the professionals in practice.  The form will be processed in STP mode. On successful submission of this form SRN will be generated and shown to the user which will be used for future correspondence with MCA. Approval mail shall be sent to the email ID of the applicant and to the user who has filed this form.

This form was made available in the MCA website with effect from 14.07.2018.  Practical difficulties are there in uploading this file.  For some persons this form could not get opened.  The duration of OTP is not certain.  The difficulties faced are to be set right by the MCA since they have fixed deadline for filing the same on or before 31.08.2018.