Who Needs to File DIR-3 KYC?
- All Active Directors:
- All directors who have been allotted a Director Identification Number (DIN) and are active in the company must file DIR-3 KYC.
- This is applicable to directors whether they are involved in a private, public, or any other type of company.
- Directors with an Expired DIN:
- If a director’s DIN is expired or inactive, it must be updated by filing DIR-3 KYC to revalidate the DIN.
- Directors who have changed their details:
- If there have been any changes in the director’s personal details (like address, name, or contact information), this form must be filed to update the records with the MCA.
Key Points about DIR-3 KYC
- Filing Deadline:
- The form DIR-3 KYC must be filed before 30th September of each financial year.
- The due date for filing the KYC for a particular financial year is generally at the end of September of the following financial year.
- Penalties for Non-Compliance:
- Directors who do not comply with the filing of DIR-3 KYC will face penalties and their DIN will become inactive. The penalty for late filing can be up to Rs. 5000.
- If a director’s DIN is marked as inactive, the director will be disqualified from holding directorship in any company.
- Directors Who Do Not Need to File DIR-3 KYC:
- If a director is inactive, meaning they have been marked as “not having any directorship” in any company, they do not need to file DIR-3 KYC.
Steps for Filing DIR-3 KYC
- Log in to MCA Portal:
- Fill the DIR-3 KYC Form:
- Choose DIR-3 KYC under the “e-Forms” section and fill in the required details such as:
- Personal Details: Name, Father’s name, Date of birth.
- Address Details: Residential address, Contact number, Email ID.
- Other Details: Nationality, Aadhaar number, and PAN details.
- Choose DIR-3 KYC under the “e-Forms” section and fill in the required details such as:
- Attach Required Documents:
- Aadhaar Card: A copy of the director’s Aadhaar card.
- PAN Card: A copy of the director’s PAN card.
- Proof of Address: A recent utility bill, bank statement, or government-issued document to verify the residential address.
- Self-Declaration:
- The director must provide a self-declaration confirming that all details mentioned in the form are correct.
- Submit the Form:
- The form must be digitally signed by the director and filed with the MCA. For the directors who do not have a digital signature, they may need to use the e-sign option.
- Acknowledgment and Confirmation:
- After successful submission of the form, an acknowledgment receipt will be generated by the MCA.
- The MCA will verify the details, and if everything is in order, the director’s KYC status will be updated to “Active” in the records.
Key Documents Required for DIR-3 KYC
- Aadhaar Card: A copy of the director’s Aadhaar card.
- PAN Card: A copy of the director’s PAN card.
- Proof of Address: A copy of a utility bill (electricity bill, telephone bill, water bill), or a bank statement, etc., which is not older than 2 months from the filing date.
- Self-Declaration: A declaration by the director confirming that the details provided are correct and up-to-date.
Common Issues Faced During DIR-3 KYC Filing
- Invalid or Expired Documents: Ensure that the proof of address is recent and not older than 2 months.
- Mismatch of Details: Any mismatch in the personal details in the DIR-3 KYC form with the records of the MCA or other government databases can cause delays or rejections.
- Digital Signature Issues: Directors must use a valid digital signature (DSC) while submitting the form. In case the director doesn’t have a DSC, they can use e-sign.
- Inactive DIN: Directors whose DIN has been deactivated for non-filing of DIR-3 KYC in previous years must first reactivate their DIN before filing the KYC form.
Consequences of Non-Compliance
- Inactive DIN: If DIR-3 KYC is not filed on time, the director’s DIN will be marked as inactive, meaning the director cannot hold office in any company.
- Penalty: A late fee of Rs. 5,000 is imposed if the DIR-3 KYC form is not filed by the due date.