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What is Director KYC 2021 (DIN-3 KYC)

Director’s KYC Filing is an annual activity and applies to every person who was allotted a DIN (Director Identification Number) on or before 31st March 2021. The purpose of DIR-3 KYC filing is to keep the records of the ROC Updated with the correct address, mobile and email address of the directors. It is a mandatory filing, and if filed within the due date of 30th September 2021, there is no government fee. The DIN Numbers for which the KYC is not filed within its due date gets deactivated, and the same can be activated after the DIR-3 KYC is filed with late filing fees of Rs. 5000 for each such DIN Numbers.

 

Due Date of Filing the Director KYC for 2021

The Due Date of filing DIR-3 KYC for the financial year 2020-21 is 30th September 2021. The KYC filing for the directors has already begun effective 1st April 2021. Ensure that KYC of all directors of the company is filed within its due date to avoid deactivation of DIN and penalty of Rs 5000/-. We are also running a discount offer of up to 40% for COVID-19 affected businesses until 30th September 2021.

We have seen that in the past, the MCA has several times extended the due date of filing of DIN KYC, either because it was a new compliance requirement or due to COVID-19 Pandemic. However, with the amendment of Rule 12A vide the Companies(Appointment and Qualification of Directors) Third Amend Rules 2019 Dated 25th July 2019, now the due date of filing director KYC has been made to be 30th September. Since filing KYC starts with effect from 1st April 2021 for the financial year 2020-21, the said amended rule provides ample time for filing of DIN-KYC. In the given circumstances and considering the amendment in rule 12A, we are of the opinion that the MCA may not extend the due date for DIN KYC 2021, hence recommend all DIN holders to file the KYC form ASAP.

 

Web Based Online DIN KYC

By inserting a provision in Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2018, the Ministry of Corporate Affairs has made filing of the directors KYC easier. On the MCA portal a facility has been enabled for filing Web-Based Director KYC instead of uploading the DIR-3 (KYC) form. In Web-based filing, there is no need to submit or upload any document. However, the director needs to decide that the director’s particulars are correct at the MCA Portal. The Web based filing of Director KYC is applicable for the directors for the previous financial year has filed pdf based director KYC

However, if there is any change in the director’s address, then, in that case, the director needs to first update their records with the ROC by filing a DIN amendment in the prescribed form DIR-6. However, the directors can update his mobile and email address when filing for directors KYC. The due date for director KYC 2020-21 is 30th September 2021. In case a director misses the last date of filing the DIN KYC, the DIN gets deactivated, and to restore the Director Identification Number (DIN), an additional fee of Rs 5000 is applicable.

Process of First Time Filing Director KYC Filing 2021

If the director is filing DIN KYC for the first time, then it has to be filed by way of uploading a duly filled copy of the MCA Prescribed e-form DIR-3 (KYC). Along with the e-form, the copy of address proof is filed as a mandatory attachment. The e-form DIR-3 (KYC) is signed with the applicant director’s digital signature, followed by attestation by a CA, CS, or CMA in full-time practice. The wise step process for filing the DIR-3 KYC is as under

Check DIN Status at MCA:

Check DIN Status at MCA:

We strongly advise you to check MCA DIN KYC Status by visiting the MCA website; if you need assistance, call our customer care, and we shall provide you with the DIN Status without any charges. The status should be Active else;, you need to consult us.

Scan Address Proof of Director:

Scan Address Proof of Director:

A properly scanned self-attested copy of address proof of the applicant director is attached with the eform DIR-3 KYC.

Prepare DIR-3 Form and Verify Mobile/email:

Prepare DIR-3 Form and Verify Mobile/email:

The personal mobile number and email address need to be mentioned in the e-form. The email address and mobile numbers are then verified with OTP.

Filing of DIR-3 KYC e-form to MCA:

Filing of DIR-3 KYC e-form to MCA:

When the form is entirely ready, it needs to be signed by the digital signature of the director concerned, and further to be certified by a practising professional who should be either a CS, CS or Cost and Management Accountants (CMA) in full-time professional practice.

List of Document Required For Director KYC Filing

Photograph:

Front facing latest passport size color photograph of the director of Partner of LLP in JPEG Format.

Pan Card:

PAN is mandatory for Indian Citizens, Please submit a copy of your pan card. Ensure that the particulars are updated

Mobile Number for OTP:

Mobile number is required for OTP verification. Foreign citizens must give their overseas mobile No.

Address Proof:

Passport,Voter Card, Driving License, Electricity Bill, Telephone Bill or Aadhaar (Not Older Than 2 Month)

Passport:

Passport is mandatory for Foreign Citizens, However if the indian applicant has a passport then it is mandatory to file.

Email ID for OTP:

Furnish your email id on which government can sent communication and OTP for verification

Types of Partnership firm

  • Depending on the extent of the liability while Partnership firm registration, we can derive the different classes of partners.

  • Partnership Firms can be classified into two types registered and unregistered Partnership firms. The Indian Partnership Act states that the only criterion to commence the business as a Partnership firm is a finalization and the partnership deed’s execution between the Partners.

  • Under this act, the Partnership firms don’t need to be registered. As an outcome of this lot of partnership businesses exist as unregistered partnership firms.

  • There are no penalties for the nonregistration of the partnership firms. Also, a partnership firm can be registered even after formation. But the unregistered partnership firms have been denied certain rights in Section 69 of the Partnership Act, which deals majorly with the effects of the non-registration of the partnership firm.

  • Here are the reasons why an individual should opt for a registered partnership firm:

  • A registered firm partner cannot file suit in any court against the firm or other partners for the enforcement of any right arising from a contract or right conferred by the Partnership Act.

  • No suit to enforce a right arising from an agreement can be instituted in any court by or on behalf of a firm against any third party unless the firm is registered under the Partnership Act.

  • An unregistered firm or any of its partners cannot claim set-off or other proceedings in a dispute with a third party.

  • Therefore, it is better to register a Partnership sooner or later.

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Frequently Asked Questions

What is the due date of DIR-3 KYC?

The filing of director KYC in DIR-3 (KYC) already begun on 1st april 2021 and the last of filing the same is 30th September 2021. If not filed within its due date then it would attract an additional fee or fine of Rs 5000/- for each defaulting partner

What is the mandatory Information for DIR-3 KYC?

For filing the directors KYC, you should have following information

  • Unique Personal Mobile Number
  • Personal Email ID.
  • OTP on Email ID and Mobile No.

What happens if a director fails to file DIR-3 KYC?

MCA21 system will mark all approved DINs (allotted on or before 31st March 2021) against which DIR-3 KYC form has not been filed upto 30th September 2021 as ‘Deactivated’ with reason as ‘Non-filing of DIR-3 KYC’

Consequences of filing of DIR-3 KYC after the due date?

After the due date filing of DIR-3 KYC is over, the DIN is marked as deactivated. For such inactive DIN directors KYC can be filed after payment of late filing fee of Rs. Rs. 5,000/- only, without prejudice to any other action that may be taken

Who has to File DIR-3 KYC?

Every Director who has been allotted DIN as on or before 31st march of a financial year must submit e-form DIR-3KYC with the central government.

Whether email ID / Mobile No. of any other person can be mentioned in DIR 3 KYC?

E-form DIR-3 KYC specifically mentioned Personal Mobile and Personal Email ID. Therefore, one can opine that Directors have to use their own personal mobile No and email ID. Otherwise it shall be default under Rule 12. In fact in the eform document it is mentioned that the “Mobile No. and email ID shall be of the Director himself only”

If a person is not holding Directorship anywhere for the whole year or years. Whether such a person is required to file DIR-3 KYC every financial year?

Yes, even a person is not holding directorship in any Company, such a person is also required to file DIR-3 KYC every financial year within its due date.