Background
Section 12A of the Companies Act, 2013 requires every individual who holds a Director Identification Number (DIN) as on 31st March of a financial year is required to submit e-form DIR-3 KYC for that financial year to the Central Government on or before 30th September of the immediate financial year. In our previous article, we understood the provisions related to Form DIR-3 KYC and DIR-3 KYC-WEB. Here we will understand how to file eForm DIR-3 KYC and verification through DIR-3 KYC-WEB.
How to file Form DIR-3 KYC?
Form DIR-3 KYC is required to file in the following cases:
- If you are submitting the KYC details for the first time then the same shall be submitted filing Form DIR-3 KYC only.
- If you want to update mobile number or email address, then it can be submitted only through filing Form DIR-3 KYC
Below is the step by step guide on how to file Form DIR-3 KYC
Step 1: First download the Form DIR-3 KYC from the MCA website - Forms and Downloads Section.
A zip file containing Form will download. Unzip the file and open the eForm.
Step 2: Now in Form enter Director Identification Number (DIN) and click on ‘Pre-fill’. Name of the Director will appear as per DIN database.
Step 3: In the case of Indian National, Director’s name and Father’s name should be as per the PAN database. In case of Foreign Nationals, who do not have PAN, the name mentioned in the form must be same as the name mentioned in the DSC affixed for successful validation.
Step 4: Check whether the Director is ‘citizen of India’.
Step 5: Select the Nationality of Director - Whether Indian or Foreign country’. In case of foreign DIN holder, nationality should be as per valid passport.
Step 6: Check Whether Director us ‘resident in Indian’
Step 7: Enter the date of Birth as per proof available.
Step 8: Select Gender.
Step 9: PAN Verification: In case of Indian Citizens, PAN verification is mandatory. If PAN is entered verification of PAN is compulsory. Enter the PAN number and click on ‘Verify Income-tax PAN’ the system will verify the details such as first name, middle name, last name, date of birth, father’s first name, middle name and last name as per PAN database.
Step 10: Point number 10 of the form requires the applicant to enter Aadhar Number if available. In case ‘yes’ is selected, then enter the Aadhar Number of the Director. In case the applicant do not have Aadhar Number, then he needs to provide details of either Voter’s Identity card or valid passport or Driving License Number.
In case of foreign national, entering a valid Passport number is compulsory.
Step 11: Enter the Unique Mobile number and email address of the applicant. In case of Indian resident, the number should be Indian Mobile Number. In case DIN holder is a foreign resident, then foreign mobile number shall be provided. Now click ‘send OPT’ button. The One Time Password will be sent to the mobile number and email address provided.
Step 12: Enter mobile OTP and email OTP and click on ‘Verify OTP’. The OTP sent are valid for 20 minutes only and verification should be done within 30 minutes. Separate OTPs will be sent to the mobile number and email ID.
Step 13: Permanent and Present residential address of the applicant as per proof shall be provided hereunder. If the DIN holder is a foreign citizen, then the form will ask to confirm ‘whether his permanent address is outside India’.
If foreign DIN holder is resident in India and does not have a permanent address outside India, then an affidavit from the applicant stating the fact that he does not have a permanent address outside India is mandatory to be attached.
If the DIN holder has different address as a permanent and present address, then proofs regarding both the addresses should be provided. Kindly note that the proof should be in the name of the applicant.
Attachments to Form DIR-3 KYC
Following is the [list of compulsory documents](http://companykayda.com/dir-3-kyc/(opens in a new tab)) to be attached:
- Identity Proof
- PAN card is mandatory in case of Indian Citizen and Passport is mandatory in case of Foreign National.
- Proof of Permanent Address
- Proof of Present Address (if the present address is different than the permanent address)
- Copy of Aadhar (if applicable)
- Copy of Passport (if applicable)
The documents should be self-attested by the DIN holder and in case of foreign nationals, requirements of apostille and Notary shall be fulfilled.
Signing of Form DIR-3 KYC
The Form DIR-3 KYC must be digitally signed by the applicant.
Certification to Form DIR-3 KYC
Form DIR-3 KYC shall be certified by either Chartered Accountant, Company Secretary or Cost Accountant in whole-time practice with their digital signature.
Important points to remember while filing Form DIR-3 KYC
- The documents to be attached to the Form should be verified thoroughly and checked whether they complete the criteria of attestation and notary.
- Practising professional certifying the Form should should check all the details mentioned in the Form are as per proofs provided.
- Proofs and facts provided in the Form should be genuine and correct as a false statement or the wrong certification of the form may attract penalties as prescribed under Section 448 of the Companies Act, 2013, Indian Penal Code, 1860 and any other law as may be applicable.
- The OTP sent on the mobile number and email address of the DIN holder are valid only till 30 minutes and verification shall be made before 30 minutes. In case of Failure of verification, either new form shall be downloaded.
- Further, OTP can be successfully sent to the mobile number and email ID against one form, for a maximum of 10 times in one day.
Due Date for filing DIR-3 KYC for Financial Year 2019-20
The due date for filing Form DIR-3 KYC or DIR-3-WEB for the financial year 2019-20 is 30th September 2020.
DIN holders whose DIN is ‘Deactivated due to non-filing of DIR-3 KYC’, can submit DIR-3 KYC without late fees of Rs. 5000 till 30th September 2020 under CFSS 2020. The said relaxation, however, is not applicable for Directors who are disqualified under section 164 of the Companies Act, 2013.
How to file Form DIR-3 KYC WEB?
Following is the procedure to verify the details through Form DIR-3 KYC-WEB:
Step 1: Login on MCA portal. Go to MCA services and click ‘DIR-3 KYC-WEB’ under DIN services. The below window will appear
.
Step 2: Enter DIN number of the Director and click ‘Submit’.
Step 3: The prefilled mobile number and email address will appear.
Step 4: Click on ‘Send OTP’ button. Different OTPs will be sent to the mobile number and email address.
Step 5: Now enter the respect OTPs in mobile and email address section and click on ‘Verify OTP’.
Step 6: Once the OTPs are verified, a new window with prefilled Director information will appear. Confirm the details and click ‘submit’. A zero rupee challan along with the SRN shall be generated if the verification is done on or before 30th September.
Please note that OTP for a maximum of 10 times through from one login ID in one day. For more chances, either wait for the next day or use another login.
Attachments Form DIR-3 KYC WEB
There are no attachments to Form DIR-3 KYC WEB.
Signing of Form DIR-3 KYC WEB
There is no requirement of the signing of Form DIR-3 KYC WEB.
Certification to Form DIR-3 KYC WEB
There is no requirement of the certification by practising professionals to Form DIR-3 KYC WEB.
Important points to remember while filing Form DIR-3 KYC-WEB
- The mobile number and email address where OTP will be received should be valid. If there is a change in the mobile number and email address, DIN holder shall file Form DIR-3 KYC.
- In case DIN holder want to update his permanent or present residential address, Passport Number, Nationality etc., he shall update the same by submitting Form DIR- 6 and on approval of Form DIR-6, verify the details through form DIR – 3 –KYC-WEB.
Due Date for filing DIR-3 KYC-WEB for Financial Year 2019-20
The due date for filing Form DIR-3 KYC or DIR-3-WEB for the financial year 2019-20 is 30th September 2020.
Conclusion
Irrespective whether an individual is appointed as Director in any Company or Designated Partner in an LLP, every individual who holds DIN is required to file Form DIR – 3 KYC within due date to avoid fees of Rs, 5000 and deactivation of his DIN.
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Disclaimer: The information given on this site is based on my understanding and knowledge on the subject and does not constitute legal opinion or advice to the users. All information is provided in good faith, to create awareness of legal provisions, compliance and procedures and are solely for knowledge sharing purpose. however, we make no representation of any kind, express or implied, regarding the accuracy, adequacy and completeness of any information on site all the time. Hence you are advised to opt for professional advice before acting on the information provided herein.