DIR-3 eKYC – Ministry of Corporate Affairs DIN eKYC
The Ministry of Corporate Affairs has recently notified that it would be conducting KYC (Know Your Customer) verification for Directors of all companies through a new eForm DIR-3 KYC. By filing DIR-3 eKYC form the Director would have to provide a unique personal mobile number and personal email address which would both be verified with an OTP code.
In case you need to complete DIN eKYC filing, please get in touch with an Advisor at [email protected]
Latest Update – 21st September 2018
The MCA has now allowed for filing of DIN eKYC with a reduced penalty of Rs.500 upto 5th October 2018 as a last chance for defaulting Directors. The respective notification is reproduced below:
As you are aware the last date for filing form DIR-3 KYC without fee has expired on 15th September 2018. The process of deactivating the non-compliant DINs has since been completed and their status has been updated as ‘Deactivated due to non-filing of DIR-3 KYC’. However, the non-compliant DIN holders may file DIR-3 KYC with a fee of Rs.500 (Rupees
Five Hundred Only) from 21st September till 5th October 2018(both days inclusive) to get their DINs reactivated. From 6th October 2018 onwards, a fee of Rs.5000 (Rupees Five Thousand Only) becomes payable for reactivation.
The MCA notification with respect to the implemention of DIR-3 eKYC form is reproduced 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 mandatorily 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 mandatorily 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 practising 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.”
DIR-3 eKYC Filing
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 ascertained from the DIN allotment letter.
The DIN eKYC form must be filed using the Directors own DSC (Digital Signature) and should be certified by a practising Professional like Chartered Accountant, Company Secretary or Cost Accountant.
Due Date for DIR-3 eKYC or DIN eKYC
The Ministry of Corporate Affairs has fixed 15th September 2018 as the due date for filing DIR-3 eKYC form. If DIN eKYC is not completed on or before the due date, the MCA system will automatically deactivate those DINs for which the form is not filed. In such cases, the system will show the message that DIN was deactivated for ‘Non-filing of DIR-3 KYC’.
If a DIN is deactivated for non-filing of DIN eKYC form, it can be reactivated by paying a penalty (to be announced) and by filing DIR-3 eKYC form.
Note: The due date for filing DIN eKYC was changed from 31st August to 15th September by the Government. Know more.
Penalty for Not Filing DIN eKYC Form
Directors of companies that have continuously not filed company annual return for 3 years have recently been disqualified by the MCA. The MCA has provided an opportunity for reactivating such companies through the Condonation of Delay scheme.
Even such Directors who have been disqualified by the MCA are required to file DIN eKYC to update their email and phone number on MCA record. Failure to file DIR-3 eKYC form by disqualified Directors will also lead to an additional penalty of Rs.5000.
DIR-3 Form vs DIR-3 eKYC Form
Form DIR-3 and DIR-3 eKYC will be separate forms:
The main purpose of the DIR-3 form is to apply for obtaining Director Identification Number. Any individual who is an existing director or intending to be appointed as the Director of an existing company would be required to file DIR-3 form to obtain DIN. One person can have only one DIN.
Recent changes to the company incorporation process has made DIR-3 form not applicable for obtaining DIN during new company incorporation, as DIN is automatically issued under SPICe Form.
DIR-3 eKYC form will be a new form that is different from the DIR-3 form. While the DIR-3 form is used to generate DIN, DIR-3 eKYC form would be used to complete eKYC procedure 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.”
DIR-3 eKYC Forms
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