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Director KYC (DIR3 KYC): Mandatory for Every Director/Designated Partner

As per the Companies Act 2013, every company director must complete the KYC (Know Your Customer) process. This process is known as the Director KYC or DIR 3 KYC process. The DIR3 KYC is a crucial compliance requirement that ensures the authenticity and credibility of the company’s directors. Non – Filing of Director KYC will attract penalty at INR 5000/- 

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DIR-3 KYC

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  • Mandatory Compliance for all those whose DIN allotted Before 31st March 2022
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Non Filing may impose penalty @ Rs5000 per Director
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DIR-3 - Application for Director KYC

Director’s KYC Filing is an annual activity and applies to every person who was allotted a DIN (Director Identification Number) on or before 31st March 2023. The purpose of filing the DIR-3 KYC form to the ROC is to keep the records of the ROC updated with the correct address, mobile and email address of the directors/designated partners. It is a mandatory filing, and if filed within the due date of 30th September 2022, there is no government fee. The DIN Numbers for which the KYC is not filed within its due date get deactivated, and the same can be activated after the filing of DIR-3 KYC with late filing fees of Rs. 5000 for each defaulting director or the designated partner.

Importance of Director KYC (DIR3 KYC)

The DIR3 KYC process is essential for verifying the authenticity of the company’s directors. It helps in preventing fraud and other illegal activities by ensuring that the information provided by the directors is accurate and valid. The importance of the DIR3 KYC process can be understood by the following points:

Legal Compliance

As per the Companies Act 2013, every director of a company is required to complete the DIR3 KYC process. Non-compliance can lead to penalties, legal action, and even disqualification from directorship.

Verification of Directors' Identity

The DIR3 KYC process helps in verifying the identity of the company’s directors. It ensures that the director is a real person and not a fake identity used for fraudulent activities.

Enhances Credibility

Completing the DIR3 KYC process enhances the credibility of the company’s directors. It assures stakeholders that the directors are genuine and trustworthy.

Who has to file Director KYC?

As per MCA recent announcement, any director who was allotted a DIN by or on 31st March 2023 and whose DIN is in approved status, will have to submit his KYC details to the MCA. Further, this procedure is mandatory for the disqualified directors too.

Process of Director KYC (DIR3 KYC)

The process of completing the Director KYC (DIR3 KYC) is relatively simple and can be done online through the MCA (Ministry of Corporate Affairs) portal. The following are the steps involved in the process:

Step 1: Log in to MCA Portal
Directors are required to log in to the MCA portal using their credentials. If a director does not have an account, they can create one by registering on the portal.

Step 2: Fill DIR3 KYC Form
Once logged in, directors are required to fill in the DIR3 KYC form. The form requires details such as the director’s name, PAN number, DIN number, and other personal details.

Step 3: Attach Required Documents
Directors must attach the necessary documents to the DIR3 KYC form. These documents include PAN card, Aadhaar card, passport, and other relevant documents.

Step 4: Verification and Submission
Once the form is complete and documents are attached, directors must verify the details and submit the form. The verification process can be done using a digital signature or an Aadhaar-based OTP.

Deadline for Completing DIR3 KYC

Directors must complete the DIR3 KYC process every year. The due date for completing the process is 30th September of every financial year.

Documents Required for Director KYC (DIR-3KYC)

Directors must attach the required documents while completing the DIR3 KYC process. These documents include PAN card, Aadhaar card, passport, and other relevant documents.

MCA Director KYC penalty, Income Tax Return Filing

Penalty on Non - Filing of DIR-3 KYC

For FY 2023-24, in cases where a director who is supposed to file the e-Form does not file it by due date, the department will mark the DIN of such director as ‘Deactivated due to Non-filing of DIR-3 KYC’. If the director wishes to re-activate his DIN in future by filing the missed out eForm DIR-3 KYC, he can do so after paying a late fee of Rs 5,000. This form needs to be filed annually by the directors.

Frequently Asked Questions

The filing of director KYC in DIR-3 (KYC) already begun on 1st April 2022 and the last of filing the same is 30th September 2022. If not filed within its due date then it would attract an additional fee or fine of Rs 5000/- for each defaulting partner

For filing the directors KYC, you should have following information

  1. Unique Personal Mobile Number
  2. Personal Email ID.
  3. OTP on Email ID and Mobile No.

Yes, Filing of DIR-3 KYC would be mandatory for Disqualified Directors also

MCA21 system will mark all approved DINs (allotted on or before 31st March 2022) against which DIR-3 KYC form has not been filed upto 30th September 2022 as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’.

After the due date filing of DIR-3 KYC is over, the DIN is marked as deactivated. For such inactive DIN directors KYC can be filed after payment of late filing fee of Rs. Rs. 5,000/- only, without prejudice to any other action that may be taken.

Every Director who has been allotted DIN as on or before 31st march 2022, must submit e-form DIR-3KYC with the central government.

Yes, even a person is not holding directorship in any Company, such a person is also required to file DIR-3 KYC every financial year within its due date.

Yes It is mandatory to affix DSC of Director on his e-form DIR-3 KYC.

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