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An Overview of Director’s KYC [DIR-3(KYC)]

Director identification number (DIN) refers to a unique identification number allotted to an individual who is willing to be a director or is an existing director of a company. DIN is obtained by submitting an application in e-Form DIR-3. However, it is mandatory for all Directors having DIN to submit KYC details in e-form DIR-3 KYC annually. The person holding a DIN must update their KYC every year by filing the e-form DIR-3 KYC with the registrar of companies before the 30th of September.

Who is required to submit Form DIR-3 KYC?

Directors are required to submit their KYC information to the Ministry of Corporate Affairs if they meet the following conditions:

  • Their Director Identification Number (DIN) was assigned to them by or on March 31, 2018
  • DIN is in approved status

The annual compliance related to Director KYC must be fulfilled by all directors who have an Active DIN or Director Identification Number status. It doesn’t matter if they are currently employed as a director or not.

What are the forms filed for Director’s KYC?

i) e-Form DIR-3 KYC:

e-Form DIR-3 KYC is an online form available on the MCA website and is used to file Directors’ KYC for the first time, that is if the concerned director has never filed the DIR-3 KYC form before. Further, any DIN holder who wants to update any information of his KYC details must update the same through the filing of e-Form DIR-3 KYC only.

ii) Web-based DIR-3 KYC Form:

The Web-based DIR-3 KYC Form is used to file all the Directors’ KYC after the first KYC has already been filed using the e-Form DIR-3 KYC. So any DIN holder who has already submitted e-Form DIR-3 KYC in any of the previous financial years and who does not require an update in any of his KYC details as submitted may perform his annual KYC by accessing the DIR-3 KYC web service.

What are the Documents required to file DIR-3 KYC Form?

Following is the list of all the documents required to file the DIR-3 Director’s KYC Form:

  • Nationality Details;
  • Detail of citizenship, such as date of birth, gender, etc.;
  • Passport (it is compulsory if the DIN holder is of Foreign Nationality);
  • Driving License;
  • Aadhar Card;
  • Email ID & Mobile Number;
  • Proof of residential address;
  • Voters’ ID

Besides these documents, Directors must have the following items on hand:

  • To file the Form, he or she used their Digital Signature;
  • CS, CA or Cost Accountants who are currently practising the professional attestation of the above-mentioned documents. In the case of Foreign Nationals, an attestation by a defined authorised person is needed;
  • A declaration signed by them (Director or Applicant) & attested by CA, CS, or Cost Accountants in good standing.

What is the process to file DIR-3 KYC Form?

STEP 1- Download the form

The first and most important step is to obtain a copy of the DIR-3 KYC form from the MCA’s website.

STEP 2- Fill in the DIN details

Directors must complete the DIN in the KYC form with an “Approved” status. For directors who fail to document the DIR-3 KYC Forms, the DIN becomes deactivated. However, directors may fill out the form beyond the cut-off date by paying a late filing fee.

STEP 3 – Filling in all the details

After you have access to the correct form, you can fill in and verify all the required KYC details of the director. These include the name of the director, his address, age, nationality, NRI status, gender, date of birth, PAN number, ID Number, Aadhar Number, DIN Number, mobile number and email ID. If the Form is Web-based, most of these details shall come pre-filled and the director will just have to enter his DIN number.

STEP 4 – OTP-Based Verification

After filling in all the details, you will have to conduct any of the Mobile Number and Email ID you have provided in the form. Basically after you enter the mobile number and email ID, you will have to click on the “Send OTP” button. Immediately after this, OTPs will be sent to both your Mobile and email. You have to furnish both these OTPs correctly in the form to complete the verification process.

STEP 5 – Authentication of e-Form

Directors must ensure that the e-Form is authenticated which means it is digitally signed by a Chartered Accountant/Cost Accountant, or a Company Secretary, practising the profession. Furnishing the details of the practising professional along with their digital signature is a crucial task that can not be avoided.

STEP 6 – SRN Generation

When the e-Form DIR-3 KYC is successfully submitted, an SRN is produced and assigned to the user for future MCA correspondence.

STEP 7 – Email Communication

An email with approval of the receipt of the Form will be sent to your personal email id. Once the approval is received, the filing of the DIR-3 KYC e-form is complete.

What is the Due Date for filing DIR-3 KYC?

E-FormLast Date to FileRemark
DIR-3 KYC30th September 2023Every person who holds DIN as on 31st Mar 2023 & who has not filed DIR-3 KYC form previously or there is a change in email id & mobile number.
DIR-3 KYC web-based30th September 2023Every person or individual who has previously filed Form DIR-3 KYC & there is no change in phone no. & email id.

What is the Penalty for Failing to Submit DIR 3 KYC Form?

If a Director who is supposed to file this Form doesn’t file it by 30th September, then the Department will mark the Director Identification Number of such Director as Deactivated due to non-filing of the DIR-3 KYC e-form. In these circumstances, the director may reactivate the DIN by submitting the omitted e-Form DIR-3 KYC and paying an overdue fee of ₹5,000.

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Note: This Post was last updated on September 13, 2023

Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation i.e. September 13, 2023. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, We assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. We assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL WE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.

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Sunita

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