After allotment of Director Identification Number (“DIN”), there are possibilities of change in director’s particulars filed with Ministry of Corporate Affairs (“MCA”). Though there are provisions about intimation of such change, but persons usually fails to make such compliance.
Therefore, for the purpose of regular updation of Director’s particulars in database of registrar, MCA has introduced concept of KYC documents filing every year. For this purpose, directors are required to file DIR 3 KYC form every year and whose DIN status is ‘Approved’, would be mandatorily required to file form DIR-3 KYC before 30th September of the immediately in this financial year.
- The eForm should be certified by a practicing Chartered Accountant or Company Secretary or Cost and Management Accountant.
- Subsequently, submission of KYC details through Form DIR-3 KYC would be annual process to be completed by the director within 30th April of immediately next Financial Year.
Documents Required:
- Name (as per PAN database)
- Father’s Name (as per PAN database)
- PAN of the Director (mandatory for citizens of India)
- Date of Birth (DoB)” (as per PAN database)
- Personal Mobile number and Personal Email Address
- Proof of Present Address such as Bank Statement or any Utility Bill in the name of the director with the correct address, not more than 2 months old.
- Aadhaar is mandatory, if it is assigned. If not, then Voter ID or Passport or Driving Licence shall be attached.
- Digital Signature of Director
Consequences of Non-filing
Deactivation of DIN: Non-filing of DIR-3 KYC within the prescribed timeline, would result in Deactivation of the DIN by the Ministry. The same will be re-activated only on payment of specified fee. The deactivated DIN’s can be reactivated after the Due Date on payment of a penalty of Rs 5000.
Other penal Action: Failure to file DIR-3 KYC form within the prescribed timelines might also lead to enforcement of penal action against Directors. Please note that the Penal Action would be enforced irrespective of the fact that DIN is reactivated after payment of specified fee.
If a director is holding more than 1 DIN, then does DIR-3 KYC is required to be filed for every DIN?
Companies Act, 2013 does not allow holding of multiple DINs. Accordingly, any director holding multiple DINs will be first required to hold oldest DIN and surrender all latest DINs through filing of DIR-5. Subsequently, DIR-3 KYC can be filed for retained DIN.
