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Law(s) Governing the e-Form DIR-3 KYC

Law(s) Governing the e-Form DIR-3 KYC

Form DIR-3 KYC is now mandatory for directors. This is a KYC form for directors in Indian companies. This form is now available at MCA website. You can also download it from our website. This is an annual requirement. Non-compliance of this provision may land

In this article, we will discuss the provisions and law related to the e-form DIR-3 KYC. The law which describes and allow e-forms for the submission with the same validity as manual forms.

 Section and Rule Number(s)

eForm DIR-3 KYC is required to be filed pursuant to Rule 12A and Rule 11(2) and (3) of The Companies (Appointment and Qualification of Directors) Rules, 2014 which is reproduced here for your reference.

Rule 12A:

Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall submit e-form DIR-3-KYC to the Central Government on or before 30th April of immediate next financial year.

Related Topic:
Know All About the Compliance of FORM DPT-03 – For All Companies

Provided that every individual who has already been allotted a Director Identification Number (DIN) as at 31st March 2018, shall submit e-form DIR-3 KYC on or before 31st August 2018.”

Rule 11(2): Deactivation of DIN:

Whose?: who does not intimate his particulars in e-form DIR-3-KYC within the stipulated time in accordance with rule 12A.

Who can deactivate? :

  • The Central Government or Regional Director (Northern Region),
  • or any officer authorized by the Central Government or
  • Regional Director (Northern Region)
  • The  Director Identification Number (DIN),

 

Rule 11(3): Reactivation of DIN

The de-activated DIN shall be re-activated only after e-form DIR-3-KYC is filed. This form will be filed along with fee. The fees is prescribed under Companies (Registration Offices and Fees) Rules, 2014. Hence it is advisable to file this form timely.

Purpose of the e-Form

As part of updating its registry, MCA would be conducting KYC of all Directors of all companies. This KYC will be annual through the e-form DIR-3 KYC. Accordingly, every Director who has been allotted DIN on or before 31st March 2018 and whose DIN is in ‘Approved’ status, would be mandatorily required to file form DIR-3 KYC on or before 31st August 2018.

 

Source: MCA

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