Recently, the Ministry of Corporate Affairs (MCA), Govt of India, has inserted a new rule as Rule 12A (Director's KYC), through the Companies (Appointment and Qualification of Directors) Fourth Amendment Rules of 2018, mandating annual up-dation or authentication of the DINs of company directors/designated partners by 30th April every year. This provision was brought into effect from July 10, 2018. This rule applies to all those DINs which have been allotted on or before 31st March of the financial year. But, for present financial year, the last date or due date of filing the relevant e-Form DIR-3 KYC has been extended up to September 15, 2018 (as per an MCA notification dated August 21, 2018).
Hence, all those Indian and foreign directors/designated partners of companies/LLPs located in India, including those directors/designated partners who were given DINs on or before 31st March 2018, now must file their respective e-Form DIR-3 KYC within 15th September 2018, to avert the chances of disqualification or penalty. The fixed penalty for the late filing has been kept as Rs 5000/-. The non-filing of Director's KYC (e-Form DIR-3 KYC) shall 'Deactivate' the concerned DIN, and it will be made activated only after filing the same with a penalty of Rs. 5000/-. More information about filing this director's kyc is provided separately under the section below.
The provision of filing e-form dir-3 kyc is applicable to all directors (Indian as well as foreigner) of companies located in India, including the disqualified directors on the boards of the companies. Again, the designated partners of LLPs are also required to file this director's KYC, on or before September 15, 2018. Normally, this DIR-3 KYC (Director's KYC) is to be filed every year on or before April 30. There is no governmental fee prescribed for filing this director's KYC. This provision of filing director's kyc has been implemented to ensure that only legally authenticated and genuine directors/individuals are made responsible for running the companies and managing all company affairs.
The e-Form DIR-3 KYC may readily be obtained from the MCA Portal. The documents required for filing director's kyc are mainly the following
The perfectly filled-in-up Form is to be filed by every director duly signed digitally using his/her own DSC and certified by a practicing professional (CA/CS/CMA). After receipt of the e-form, MCA will scrutinize the Director's KYC, and then generate SRN for all future references. Once the sent form is examined and approved, a confirmation mail will be sent to the applicant director by MCA, to the Email ID submitted.
Our well-informed and proficient company lawyers and secretaries can help comprehensively the concerned directors in filing their respective Director's KYC with the MCA. Well-based in Delhi, our internationally famous law firm offers the full-range of legal and advisory services for incorporation, business management, corporate governance, and growth of business or service in various economic sectors in entire India, including FDI in India.
