DIR-3 KYC

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DIR-3 KYC

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DIR-3 KYC

DIR-3 KYC refers to a form required by the Ministry of Corporate Affairs (MCA) in India, specifically for updating or verifying the Director Identification Number (DIN) details of individuals who are directors of companies or partners of Limited Liability Partnerships (LLPs). It is part of the compliance process to ensure that the MCA has accurate and up-to-date information on all directors.

DIR-3 KYC Process Overview

  1. Applicability:

    • Mandatory for directors who have been allotted a DIN and who intend to continue as directors.
    • Directors must complete the DIR-3 KYC annually.
    • For first-time directors, the DIR-3 KYC must be done within 30 days from the date of allotment of DIN.

  2. Required Information:

    • Personal details: Name, father’s name, date of birth, address, nationality.
    • Proof of Identity: PAN card for Indian citizens, and passport for foreign nationals.
    • Proof of Address: Passport, Voter ID, Driver’s License, or Aadhaar.
    • Mobile Number and Email Address: A unique personal mobile number and email ID must be provided for OTP-based verification.
    • Digital Signature Certificate (DSC): The director must have a DSC for signing the form.
    • Professional Certification: The form must be certified by a practicing Chartered Accountant (CA), Company Secretary (CS), or Cost and Management Accountant (CMA).

  3. Types of Forms:

    • DIR-3 KYC (Web): This is an annual compliance for directors who have already completed KYC using the eForm in previous years.
    • DIR-3 KYC eForm: Directors who are filing KYC for the first time or need to update their details must fill out this form.

  4. Procedure:

    • Log in to the MCA portal.
    • Download the DIR-3 KYC eForm or complete the DIR-3 KYC Web service (if applicable).
    • Fill out all required fields with accurate information.
    • Attach necessary documents (ID proof, address proof, etc.).
    • Get the form digitally signed using the director’s DSC.
    • The form must then be certified by a CA, CS, or CMA.
    • Submit the form on the MCA portal.
    • OTP verification will be done for mobile number and email ID.

  5. Penalty for Non-Compliance:

    • A late fee of INR 5,000 is levied for directors who fail to complete the KYC within the due date (usually before September 30th of every year).

  6. Important Dates:

    • The deadline for filing DIR-3 KYC is typically September 30th for the previous financial year.

Documents Required

PAN card (for Indian nationals).

Passport (mandatory for foreign nationals).

Aadhaar card, Voter ID, or Driving License (for address proof).

Email ID and mobile number for OTP verification.

Digital Signature Certificate (DSC).

How to File

Step 1: Prepare Documents – Collect all necessary documents for identification and address verification.

Step 2: Register on MCA Portal – Log in to the MCA portal or create a new account.

Step 3: Download DIR-3 KYC eForm – Available on the MCA site for first-time KYC or update.

Step 4: Fill the Form – Enter the DIN and complete all personal and contact details.

Step 5: Attach Documents – Upload scanned copies of supporting documents.

Step 6: DSC Signing – Sign the form using your DSC and get it certified by a CA/CS/CMA.

Step 7: Submit the Form – Upload the completed form on the MCA portal.

Important Considerations

  • Only the director’s personal mobile number and email should be used for the OTP.
  • Ensure the details provided match those on government records to avoid rejection.
  • If details have changed (e.g., a new mobile number), the DIR-3 KYC eForm should be used to update the MCA.

DIR-3 KYC Detailed Requirements

The DIR-3 KYC Form is required to ensure that the government has updated and accurate information about individuals holding the position of director in a company. Directors who fail to file their KYC within the stipulated timeline face the deactivation of their Director Identification Number (DIN).

Eligibility for Filing DIR-3 KYC:

  • Every person holding a DIN on or before March 31st of a financial year is required to file DIR-3 KYC before the due date (typically, September 30th).
  • This applies to directors of all registered companies under the MCA, regardless of the company’s operational status.
  • The form must be filed annually, even if there are no changes in the director’s details.

Personal Information Required:

  • Name of Director: As per PAN records.
  • Father’s Name: As per PAN records (surname, given name).
  • Nationality: Nationality must be selected from the provided dropdown in the form.
  • Date of Birth: Entered in DD/MM/YYYY format. Directors must be at least 18 years old.
  • Residential Address: As per official address proof. If the director has a foreign residence, their passport must be valid.
  • PAN (Permanent Account Number): Verified automatically for Indian nationals.
  • Aadhaar Card: Optional, but recommended to help simplify the KYC process.

Contact Information for OTP Verification:

  • Unique Email Address: The email should not be shared with other directors and must be current.
  • Mobile Number: A valid mobile number for OTP (One Time Password) verification, must be unique and personal to the director.

Steps to File DIR-3 KYC eForm

For directors filing the DIR-3 KYC for the first time or needing to update their personal details, the eForm must be used.

Step-by-Step Process:

  1. Access MCA Portal:

    • Visit the official MCA portal at mca.gov.in.
    • Log in with your credentials, or create a new account if you’re filing for the first time.

  2. Download DIR-3 KYC eForm:

    • Navigate to MCA Services → Forms and Downloads.
    • Download the latest version of the DIR-3 KYC eForm from the MCA website.

  3. Enter DIN:

    • Input your DIN (Director Identification Number) and prefill any existing data.
    • If details already exist from previous submissions, they will automatically populate the form.

  4. Furnish Personal & Contact Details:

    • Input your full name, address, PAN, nationality, and date of birth.
    • Ensure that the mobile number and email ID are unique and belong to the director.
    • Both mobile number and email ID will require OTP verification during the submission.

  5. Document Uploads:

    • Attach the following documents in the form:
      • Address Proof: Aadhaar card, Passport, Driver’s License, or Voter ID.
      • Identity Proof: PAN card for Indian nationals or passport for foreign nationals.
    • Scan these documents in accordance with the required size and format as specified by the MCA portal.

  6. Digital Signature Certificate (DSC):

    • The director must have an active Digital Signature Certificate (DSC) from an authorized certifying agency.
    • Use the DSC to digitally sign the form before submission.

  7. Certification by a Professional:

    • The eForm must be digitally certified by a practicing CA (Chartered Accountant), CS (Company Secretary), or CMA (Cost Accountant).
    • The professional will also provide their membership number and digital signature to verify the correctness of the form.

  8. OTP Verification:

    • You will receive an OTP on your provided mobile number and email ID.
    • Both OTPs must be entered within a specific timeframe to validate the details.

  9. Submit the Form:

    • Once the form is signed and certified, submit it on the MCA portal.
    • You will receive an acknowledgment once successfully filed.

Filing via DIR-3 KYC Web

Directors who have already filed the DIR-3 KYC eForm in previous years can opt to use the DIR-3 KYC Web option for subsequent filings.

Steps for DIR-3 KYC Web:

  1. Log into MCA Portal:

    • Use your existing credentials to access the MCA services portal.

  2. Choose DIR-3 KYC Web Option:

    • On the dashboard, navigate to DIN Services → DIR-3 KYC Web.

  3. Enter DIN Number:

    • Input your DIN, and the system will pull up previously filed KYC details.

  4. Verification:

    • The information prefilled by the system needs to be confirmed.
    • You will still have to go through mobile number and email OTP verification.

  5. Submit:

    • Once the OTPs are verified, confirm the submission.

Common Mistakes to Avoid

  • Incorrect Information: Make sure all personal details (name, address, and date of birth) exactly match official records (such as PAN, passport, or Aadhaar).
  • Invalid Documents: Ensure that uploaded documents are current and valid. Expired passports or documents may cause rejections.
  • Shared Contact Information: Do not use the same mobile number or email for multiple directors, as each director must have unique contact information for OTP verification.
  • Missed Deadline: Ensure that the KYC is filed before the due date to avoid penalties.

Penalties for Non-Compliance

If a director fails to complete their KYC within the prescribed time (usually by September 30), their DIN will be marked as “Deactivated due to non-filing of DIR-3 KYC” by the MCA. To reactivate it, the director must file the KYC and pay a late fee of INR 5,000.

Importance of Filing DIR-3 KYC

Filing DIR-3 KYC is a critical compliance requirement for maintaining an active status as a director in India. It ensures transparency and accountability in corporate governance and allows the Ministry of Corporate Affairs to maintain up-to-date records of directors.

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