Director e KYC

DIR-3 eKYC Filing

DIR-3 eKYC form would have to be filed by all Directors who have been allotted a DIN on or before 31st March 2018. The date for allotment of DIN can be ascertained from the DIN allotment letter.

The DIN eKYC form must be filed using the Directors own DSC (Digital Signature) and should be certified by a practising Professional like Chartered Accountant, Company Secretary or Cost Accountant.

Due Date for DIR-3 eKYC or DIN eKYC

The Ministry of Corporate Affairs has fixed 31st August 2018 as the due date for filing DIR-3 eKYC form. If DIN eKYC is not completed on or before the due date, the MCA system will automatically deactivate those DINs for which the form is not filed. In such cases, the system will show the message that DIN was deactivated for ‘Non-filing of DIR-3 KYC’.

If a DIN is deactivated for non-filing of DIN eKYC form, it can be reactivated by paying a penalty (to be announced) and by filing DIR-3 eKYC form.

Disqualified Directors

Directors of companies that have continuously not filed company annual return for 3 years have recently been disqualified by the MCA. The MCA has provided an opportunity for reactivating such companies through the Condonation of Delay scheme.

Even such Directors who have been disqualified by the MCA are required to file DIN eKYC to update their email and phone number on MCA record. Failure to file DIR-3 eKYC form by disqualified Directors will also lead to additional penalty.

DIR-3 Form vs DIR-3 eKYC Form

Form DIR-3 and DIR-3 eKYC will be separate forms:

DIR-3

The main purpose of the DIR-3 form is to apply for obtaining Director Identification Number. Any individual who is an existing director or intending to be appointed as the Director of an existing company would be required to file DIR-3 form to obtain DIN. One person can have only one DIN.

Recent changes to the company incorporation process has made DIR-3 form not applicable for obtaining DIN during new company incorporation, as DIN is automatically issued under SPICe Form.

DIR-3 eKYC

DIR-3 eKYC form will be a new form that is different from the DIR-3 form. While the DIR-3 form is used to generate DIN, DIR-3 eKYC form would be used to complete eKYC procedure each year. Further, it can be ascertained from the MCA notification that DIR-3 eKYC form would have to be filed every year as the notification states “MCA would be conducting KYC of all Directors of all companies annually through a new eform viz. DIR-3 KYC to be notified and deployed shortly.”