Very good news from the Ministry of Corporate Affair of India for all the directors whose DIN was deactivated due to the Non-Filling of Form DIR-3 KYC and Web-KYC now file their Forms without any penalty/Fees.
Important Update by MCA – “DIN holders of DINs marked as ‘Deactivated’ due to non-filing of DIR-3KYC/DIR-3 KYC-Web and those Companies whose compliance status has been marked as “ACTIVE non-compliant” due to non-filing of Active Company Tagging Identities and Verification(ACTIVE) e-form are encouraged to become compliant once again in pursuance of the General Circular No. 11 dated 24th March, 2020 & General Circular No.12 dated 30th March 2020 and file DIR-3KYC/DIR-3KYC-Web/ACTIVE as the case may be between 1st April, 2020 to 30th September, 2020 without any filing fee of INR 5000/INR 10000 respectively.
Now who can File Form DIR-3 KYC:
i) E- Form DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the DIN holder who has already filed his KYC once in E-Form DIR-3 KYC but wants to update his details.
Who can File DIR-3 KYC Web:
ii) Web service DIR-3-KYC-WEB is to be used by the DIN holder who has submitted DIR-3 KYC E-Form in the previous financial year and no update is required in his details.
LIST OF DOCUMENTS REQUIRED:
The following documents are required for filing your DIR 3 -KYC form:
- Permanent Account Number (PAN)
- Voters Identity card/ Driving License
- Passport (mandatory if DIN holder is a foreign national)
- Aadhaar card
- Personal Mobile and
- Personal Email ID
- Digital Signature of director (applicant)
The above-mentioned documents need to be attested from Practicing Professionals like Chartered Accountant, Company Secretary or Cost Accountants. In the case of Foreign Nationals, the above-mentioned documents need to be apostilled/ attested by the prescribed authority.
WHAT HAPPENS IF KYC IS NOT FILED WITHIN THE DUE DATE SPECIFIED?
In case, the director who is supposed to file the e-Form DIR KYC does not file it by the end of the due date, the department will mark the DIN of such director as ‘Deactivated’ with the reason of ‘Non-filing of DIR-3 KYC’. The director’s data will not be prefilled in the e-forms required to be filed with ROC and can lead to non- compliance.
A penalty of Rs. 5000/- will be levied for late filing of DIR KYC.
Stakeholders may plan accordingly.
Note: “This document had been written to provide update in simple/ lucid language. The Author shall not be responsible for any decision made based on the content of this document. Care has been taken to produce authentic and reliable information, however the users are expected to obtain professional advice before implementing.