DIR 3-KYC | File before 30th September 2020
What is DIR-3 KYC ?
The Director in a company that is an individual or designated partner in LLP has a (DIN) Director Identification Number is required to comply with DIR-3 KYC Annual Complianceto make sure that the Director having Active DIN is knowing details submitted with MCA and verifies contact details every year so that MCA has always correct contact details and other information relating to Director. DIN was introduced in India with the insertion of Sec 266A to 266G of Companies Amendment Act, 2006.DIN is an 8 digit Unique Identification Number which is given by the MCA (Ministry of Corporate Affairs) under the Government of India to directors which they can use as their registered identity. Every year director holding any DIN in a financial year has to file a DIR -3 KYC on the website of MCA. The initiative of this form aims to bring transparency while identifying the shell companies and individuals who hold more than one DIN.
When is the Due Date and which form to file ?
Every individual who holds the DIN will have to file the DIR 3-KYC form to MCA, this form is for the individuals and not for companies. DIR-3 KYC Due Date For FY 2019-20 for any individual who has been allotted a new DIN or one already has it on 31 March of a financial year, then one needs to fill and upload the form to the MCA website before 30th April but the due date of filing the form is now 30th Sept of 2020. If there is any update or change required in contact details or other details already submitted with MCA, then they have to file DIR -3 KYC and If there is no change in the data already submitted with MCA, then one needs to file the Web Form DIR 3-KYC. Note, Web Form DIR-3 KYC can only be filed if DIR-3 KYC was once filed on MCA Portal for any previous financial year. In Web Form DIR-KYC, we need to provide OTP sent on Mobile and Email already registered and then all the details already submitted are displayed and need to confirm whether all details are correct, then file the same and it’s done. If there is any change at this step, then the DIR-3 KYC Form is to be filled and certified by Practicing CA/CS/CMA and then filed at the MCA portal.
What are the documents or details required to file DIR-3 KYC ?
The requirements for the filing of this form are ;
- Full Name and Fathers’ Full name
- Whether a citizen of India (Choose from yes or no)
- Select Nation to choose Nationality (Attach proof if other than Indian)
- Date of Birth
- Gender (Male/Female/Transgender)
- PAN Number (compulsory for Indian citizen)
- AADHAR card (optional)
- Voter id & driving license. (Optional)
- Passport (compulsory if foreign national – Proof required to be attached)
- Personal mobile number and email id(For OTP verification)
- Permanent residential address(Proof Compulsory to be attached)
- Present residential address (Required only in a case where permanent and present address are not same)
DIR-3 KYC Due Date For FY 2019-20 is 30th April 2020 for the financial year 2019-20 but that date is being revised to the 30th of September 2020. All Directors having DIN and current status as Active or Deactivated are required to file DIR-3 KYC before 30th September 2020 as MCA will start marking all such DINs as “Deactivated due to non-filing of DIR-3 KYC”, If DIR-3 KYC is not completed before 30th September 2020.
The Director needs to get the form DIR-3 KYC certified as true and correct from CA/CS/CMA who is in whole-time practice. The Form DIR-3 KYC to be signed with the digital signatures (DSC) of the director and Professional who is certifying the correctness of all details.
What are the consequences of the non-filing of DIR-3 KYC before 30th September 2020 ?
- Late Fees of Rs.5000/-is required to file DIR-3 KYC after 30th September 2020
- Director will be disqualified and status will be changed from “approved” to “Deactivated due to non-filling of DIR-3 KYC“
- DIN will be disabled and deactivated and No return or form containing that DIN can be filed.
- Until the KYC is completed, Individual cannot be appointed or resign in any company/LLP
How to file DIR-3 KYC ?
Following are the steps of file DIR-3 KYC:-
- Go to MCA Portal.
- Then Click on MCA Service under E-Filing portion find Company Forms Download
- Then find DIR-3 KYC Form with instruction kit under DIN Forms. (You can download the form by clicking on “DIR-3 KYC Form”)
- Then fill up all the details as mentioned above including membership number of CA/CS/CMA in Whole-time practice and tick all the checkboxes.
- PAN is required to be verified form Income Tax Portal.
- Attach all the documents required as proof (Proof of Permanent Address and Passport, only if entered is compulsory to be attached)
- Then click on “Check Form” tab to check for any errors
- Then Sign the DIR-3 KYC Form using your DSC and send that file to your professional CA/CS/CMA for signing DIR-3 KYC Form using his DSC for certifying that all the details mentioned are true and correct. (Setting to be done in Adobe reader is mentioned in note)
- After the form is signed using both DSC, then click on the “Prescrutiny” tab then if all details are correct and both DSC are associated with MCA, then pop up will be ‘’no errors found in prescrutiny”. If in your case, pop is “DSC is not registered with DIN ON MCA portal. Register your DSC”, then click on “Associate DSC”. Then select the role from the drop-down and enter all the details to associate your DSC with MCA Portal.
- Then OTP option will be enabled. Then click on “Send OTP” to send the OTP on mobile and email-id entered in DIR-3 KYC Form.
- Then enter both OTP and click on “Verify OTP”.
- Save the file after OTP verification is successful.
- Then log in to MCA Portal and click on “Upload E-forms” under the E-filling tab.
- Keep the SRN details for future reference. Voila, it’s done.
Note:- There is some setting required to do before signing the DIR-3 KYC Form to make the signing process fast and less time-consuming.
- You should install the latest Adobe Reader version from their website.
- After installing latest Adobe Acrobat DC, click on “Edit” and then select ”Preferences” after that select “Signatures”
- Next click on “More…” in front of the “Creation and Appearance” tab then unselect “include signature’s revocation status” and “Use modern user interface for signing and Digital ID configuration” and then click OK.
- Next click on “More…” in front of “Verification” tab then unselect “Verify signature when the document is opened” and select the option when verifying “Always use the default method” and then unselect following “use expired timestamps” and “Ignore document validation information”
- Then under Verification Time:- Verify Signature using the select option “Current Time”
- Then under Verification information:- select the option “Never” and then click OK.
- Then Select “Security (Enhanced)” under Preferences and then unselect “Enable Protected Mode at startup”, then a pop-up window will open and then select “Yes” and then unselect “Enable Enhanced Security” and unselect “Automatically trust sites from my Win OS security zones” and then click on OK. Voila!!! It’s done.
How to file DIR-3 KYC Web Online ?
Only in cases where DIR-3 KYC Form was filed earlier and there is no change required in the details earlier provided in DIR-3 KYC?
- Login to MCA using Username & Password.
- Select MCA Service, then DIN Services, and after that DIR-3- KYC –WEB.
- Enter the DIN of the concerned person.
- Pre-filled mobile no & email id will appear on your screen.
- Click on send OTP.
- Enter OTP for the mobile no & email id.
- Click on verify OTP.
- Confirm the details of the concerned person appearing on the screen & click submit.
- A Zero rupee challan along with the SRN shall be generated (If filed on or before 30th September 2020).
- MCA Portal – FAQs on DIR-3 KYC – https://www.mca.gov.in/MinistryV2/dir3kycfaq.html
- Instruction kit on DIR-3 KYC: Find “DIR-3 KYC Help” after extracting ZIP – http://www.mca.gov.in/MCA21/dca/downloadeforms/eformTemplates/NCA/Form_DIR-3_KYC_help.zip
- Notification of List of Forms for which the due date of filing is extended to 30th September 2020 as a one-time waiver under Companies Fresh Settlement Scheme, 2020, and LLP Settlement Scheme, 2020. – http://www.mca.gov.in/Ministry/pdf/CFSS2020_02042020.pdf