In order to update the Directors database of The Ministry of Corporate Affairs(MCA), MCA has requested all Directors holding a DIN to complete DIN KYC before 15th September 2018. To complete DIN KYC, the Director would be required to file a form known asDIR-3 KYC or DIN EKYC. In this article, we look at MCA notification on DIN KYC due date extension.
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DIN E-KYC Due Date Extension Notification
The MCA has issued a directive stating that the due date has been extended from 31st August 2018 to 15th September 2018. The notification issued by Ministry of Corporate Affairs has been reproduced below:
G.S.R (E)- In exercise of the powers grant by sections 396,398,399, 403 and 404 read with sub-sections (1) and (2) of section ‘1-69 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Registration Offices and Fees) Rules, 2014, namely:-
- (1) These rules may be called the Companies (Registration Offices and Fees) Fourth Amendment Rules, 2018.
(2) They shall come into force from the date of their publication in the Official Gazette. - In the Companies (Registration Offices and Fees) Rules, 2014, in the Annexure, under the head VII, for note below Fee for filing e-form DIR-3 KYC, the following note shall be substituted, namely:-
“for the current financial (2018-2019), no fee shall be chargeable till
the 15th September 2018 and fee of Rs.5000 shall be payable on or after the 16th September 2018”.
Purpose of E-form DIR-3 KYC
The chief purpose of eform DIR-3 KYC is to collect the latest information about the directors of all companies. The information to be provided while completing KYC procedures include Aadhar, PAN, Passport number, address, phone and email. The information submitted must be authenticated by completing a OTP verification and by signing with Digital Signature of Director and a practicing Chartered Account.
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Applicability
All directors having a DIN as on 31st March of 2018 must file e-form DIR-3 KYC on or before 15th September of 2018. For all Directors who obtained DIN after 31st March, 2018, DIR eKYC must be filed next year.
Documents Required to file E-form DIR-3 KYC
The following are the documents required to file E-form DIR-3 KYC:
- PAN Card for identity proof
- Aadhar Card for address proof
- Recent passport size photographs
- Personal Mobile Number and E-mail ID of director for OTP Verification
- Digital Signature Certificate of the director (DSC) that must be registered on MCA Portal
- Passport (if the person holds a foreign citizenship)
Certifying Authority
The E-form DIR-3 KYC has to be duly certified by the Practicing Company Secretary (PCS), Practicing Chartered Accountant (PCA), or Practicing Cost Accountant.
Penalty Dues
If the DIN holders do not file DIR-3, the MCA will mark them as deactivated. If the DIN holder fils e-form DIR-3 KYC after 31st August 2018, a fee of Rs. 5,000 will be charged.
Time Limit
All directors to whom DIN has been allocated as of March 2018, the e-form DIR-3 KYC has to be filed by September 15, 2018. Originally, the MCA had provided a due date of 31st August which was subsequently changed to 15th September.
Note: The principal rules were published in the Gazette of India, Part II, Extra ordinary, Section 3, Sub-section (i) vide number G.S.R. 268(E), dated the 31st March, 2014 and subsequently amended by:-
| Serial Number | Notification Number | Notification Date |
| 1 | G.S.R. 297[ E) | 28-04-2014 |
| 2 | G.S.R. 122[E) | 24-02-2015 |
| 3 | G.S.R. 438 [E) | 29 -05-2015 |
| 4 | G.S.R. 493(E) | 06-05-2016 |
| 5 | G.S.R. 48(E) | 20-01-2018 |
| 6 | G.S.R. 435(E) | 07-05-201 8 |
| 7 | G.S.R.616 ( E) | 05-0 7-2018 |