Director KYC Filing (DIR-3 KYC): Ensuring Compliance with MCA Regulations

Under the Ministry of Corporate Affairs (MCA) guidelines, every individual who holds the position of a director in a company must complete a Director KYC (Know Your Customer) filing every year. The filing of DIR-3 KYC is mandatory for all directors who have been allotted a Director Identification Number (DIN), and it must be completed to maintain the validity of the DIN. The filing ensures that the MCA has up-to-date information about the directors of the company.

What is DIR-3 KYC?

DIR-3 KYC is a form used by the MCA to verify the identity of directors. It is required to be filed by individuals who hold a valid DIN. The objective of this form is to ensure that the director's information is accurate, complete, and up-to-date.

The DIR-3 KYC includes:

  • Personal details of the director, including name, address, nationality, etc.
  • Verification of the director’s identity with the help of documents like Aadhaar and PAN.
  • Directors must authenticate their details with their digital signature.

This filing is crucial because, without completing the DIR-3 KYC filing, the DIN may be deactivated, rendering the director unable to continue in their role or carry out essential duties.

Who is Required to File DIR-3 KYC?

  • Every individual who has been assigned a DIN (Director Identification Number), whether they are active or dormant.
  • This requirement applies to both Indian directors and foreign directors of companies.

Due Dates for DIR-3 KYC Filing

  • Filing Deadline: The due date for filing the DIR-3 KYC form is 30th September of every year. The filing must be completed for the previous financial year (April to March).
  • Penalties for Late Filing: If the filing is delayed beyond the due date, a penalty of Rs. 5,000 is applicable. If the form is not filed for two consecutive years, the director's DIN will be deactivated, and the director will be unable to act in the capacity of a director.

Section under which DIR-3 KYC is Filed

  • DIR-3 KYC is filed under Section 153 of the Companies Act, 2013, which requires directors to update their KYC information annually.

Penalties for Non-Compliance

  • Late Filing Fees: If the form is not filed by the due date, a fee of Rs. 5,000 is charged by the MCA.
  • DIN Deactivation: If DIR-3 KYC is not filed for two consecutive years, the director's DIN will be deactivated, which means the director will not be able to function as a director in any company until the KYC filing is completed.
  • Legal Consequences: Failure to file DIR-3 KYC can result in legal action under the Companies Act, 2013.

How to File DIR-3 KYC?

  • Login to MCA Portal: Visit the MCA portal and log in to your account.
  • Fill out the DIR-3 KYC Form: Provide all necessary details, such as personal information, address, and identity proof.
  • Authenticate with Digital Signature: The director needs to sign the form electronically using their Digital Signature Certificate (DSC).
  • Submit the Form: Submit the form on the MCA portal.
  • Acknowledgement: Upon successful filing, the MCA will issue an acknowledgment of the submission.

Benefits of DIR-3 KYC Filing

  • Maintaining Compliance: Filing the DIR-3 KYC ensures that your DIN remains active and compliant with MCA regulations.
  • Prevents DIN Deactivation: Completing the KYC filing prevents your DIN from being deactivated and ensures that you can continue as a director of your company.
  • Increased Transparency: This filing helps to keep the government records up to date, improving transparency in the corporate sector.
  • Avoid Penalties: Timely filing helps avoid late fees and legal penalties.

Why Choose Apnaa Filing for DIR-3 KYC Filing?

  • Expert Guidance: Our team of professionals provides expert assistance to ensure that the DIR-3 KYC filing is completed accurately and within the due time.
  • Efficient Filing Process: We simplify the process of DIR-3 KYC filing, allowing you to focus on your business while we take care of the paperwork.
  • Compliance Assurance: We ensure your company complies with all the requirements of the Companies Act, 2013.
  • Quick and Hassle-Free: We handle the filing process from start to finish, ensuring a seamless and timely filing.

have any Questions?