PRACTICAL ISSUES RELATED TO DIR 3- KYC
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DIVYANSHU
SAHNI & ASSOCIATES
COMPANY SECRETARIES
Office: -512B, 5th
Floor, Kirti Shikhar Building, District Centre, Janak Puri, New Delhi -110058
Email:
info@finlegalforte.com Mob;
+91-9871027426
FAQ ON MANDATORY ANNUAL KYC OF ALL DIRECTORS ON OR BEFORE 15th
SEPTEMBER 2018
v Who have to File DIR-3 KYC?
Ø Every Director who has been allotted DIN on or
before 31st march, 2018 and whose DIN status is ‘Approved’.
v What is due date of DIR-3 KYC?
Ø Due date of filing of DIR-3KYC is on or before 15TH
September, 2018.
v Mandatory Information DIR-3 KYC?
Ø Unique
Indian Personal Mobile Number or Country Code other than +91/91/0 shall be allowed
only in case whether resident in India is selected as ‘NO’.
Ø Personal Email ID.
Ø OTP on Email ID and Mobile No.
v Certification of DIR-3 KYC?
Ø DSC of Director
·
Please note that the PAN mentioned in the form
and the PAN
mentioned in the DSC affixed,
must be same for successful
validation.
·
In case of
foreign nationals, who do not have PAN, the name
mentioned in the form must be same as
the name mentioned in the
DSC affixed for successful validation
Ø DSC of practicing professional (CA/CS/CMA)
v Whether Disqualified Directors required filing DIR-3
KYC?
Ø Yes, Filing of DIR-3 KYC would be mandatory
for Disqualified Directors also.
v Effect of director fails to file DIR-3 KYC?
Ø MCA21 system will mark all approved DINs
(allotted on or before 31st March 2018) against which DIR-3 KYC form has
not been filed as ‘Deactivated’ with reason as ‘Non- filing of DIR-3 KYC’.
v Consequences of filing of DIR-3 KYC after due date?
Ø After the due date filing of DIR-3 KYC in
respect of such deactivated DINs shall be allowed upon payment of Rs.5,000 fee
only, without prejudice to any other action that may be taken.
v What does all information Individual need to provide
with eForm DIR-3 KYC?
Ø Director
Identification Number (DIN)
Ø Full
Name of Individual
Ø Fathers
Name of Individual
Ø Other
basic details like Nationality, Citizenship details (whether a citizen of India
or not), Gender, Date of Birth.
Ø Income
Tax PAN
Ø Voters
Identity card (optional)
Ø Passport
(If applicant have valid passport/mandatory for foreign national holding DIN)
Ø Driving
License (optional)
Ø Aadhaar Card (If
applicant have Aadhaar Card holding DIN and In case you do not posses Aadhaar,
please provide details of either Voter Identity Card number or Passport number
or Driving License Number.)
Ø Residential Address. In addition to
above-mentioned information,
it also
requires, following Documents duly attested by Practicing Professional:
i)
Proof of Permanent
ii)
residential
address in India;
iii)
Poof of
Permanent residential address outside
India(In case of Non Citizen of India)
iv)
Proof of Present
residential address.
v)
If Applicant
has valid passport- Copy of passport
vi)
If Applicant
has Aadhaar Card- Copy of Aadhaar Card
v Documents required for the DIR-3 KYC Form?
Ø Proof of Permanent residential address of director
1. Address
proofs like passport, election (voter identity) card, and ration card, driving
license, electricity bill, telephone bill or aadhaar shall be attached and
should be in the name of applicant only.
2. In case of Indian director, documents should not be older than 2 months
from the date of filing of the eForm.
3. In case of foreign applicant, address proof should not be older than 1
year from the date of filing of the eForm.
4. In
case of proofs which are in languages other than Hindi / English, the proofs
should be translated in Hindi / English from professional translator carrying
his details (name, signature, address) and seal. In the case of foreign
nationals, translation done by the notary of home country is also acceptable
Ø Proof of Present residential address of director
1.
Address proofs like passport, election (voter
identity) card, and ration card, driving license, electricity bill, telephone
bill or aadhaar shall be attached and should be in the name of applicant only.
2. In case of Indian director, documents should not be older than 2 months
from the date of filing of the eForm.
3. In case of foreign applicant, address proof should not be older than 1
year from the date of filing of the eForm.
4.
In case of proofs which are in languages other
than Hindi / English, the proofs should be translated in Hindi / English from
professional translator carrying his details (name, signature, address) and
seal. In the case of foreign nationals, translation done by the notary of home
country is also acceptable.
Ø In case Present Residential Address is same as
Permanent Residential Address
§ No, other additional attachment is required.
There is only one residential proof is sufficient for compliance.
Ø Proof of
Permanent Address outside India
§ For Address proof only passport.
§ In case ‘No’ is selected in the permanent address outside
India an Affidavit that you do not have any permanent address outside India
MUST be attached.
v Requirement for residential address whether Indian
citizen or not and whether resident of India or not?
Ø In case Citizen of India and Resident of India is
selected ‘Yes’ in Form DIR 3 KYC
·
Proof of
Permanent residential address in India
·
Proof of
Present residential address in India
·
If both addresses
is similar then one attachment is sufficient for compliance
Ø In case Citizen of India and Resident of India is
selected ‘No’ in Form DIR 3 KYC
§ In section of permanent residential address
·
Permanent
address outside India is enabled
Ø Two such cases happened in such scenario
1.
If permanent
address outside India is selected ‘yes’
then permanent address and present address
could
be same or could be different foreign address.
2. If permanent address outside India is selected
‘No’
then
permanent address should be Indian address and
present
address should be foreign address. Both
permanent address
and present address could not be
same because director
is neither citizen nor resident of
India if address is
in India.
Ø In case Citizen of India is selected ‘yes’ and
Resident of India is selected ‘No’ in Form Dir 3 KYC
§ Permanent residential address is whether Indian
or Foreign address it could not be same as present residential address.
§ Present address should be other than Indian
address.
Ø In case Citizen of India is selected ‘No’ and Resident
of India is selected ‘yes’
§ In section of permanent residential address
·
Permanent
address outside India is enabled
Ø Two such cases happened in such scenario
1.
If permanent
address outside India is selected ‘yes’ then permanent address and present
address could not be same.
2.
If permanent
address outside India is selected ‘No’ then permanent address and present
address could be same.
v DSC Requirement in case of Indian Director or Foreign
Director?
Ø Indian Director
§ Pan for Indian citizen
§ Address proof- Passport, election (voter
identity) card, and ration card, driving license, electricity bill, telephone
bill or Aadhaar card
§ Mobile number and E-mail ID
§ Passport size photo
Ø Foreign Director
§ There are two cases while applying DSC of
foreign director
·
If foreign
director has pan card and utility bill in India is sufficient for DSC
registration.
·
If foreign
director has passport then it should be apostille and apply in the form of hard
copy.
§ Passport photo
§ Indian mobile number(If foreign number is used
then there is no need of phone verification)
§ E-mail ID
*Phone and video verification is
must in case of DSC registration w.e.f. 1st july,2018.
v Whether details entered in the form DIR-3 KYC will
update DIN Holders’ database?
Ø Yes. All information as entered in the form
DIR-3 KYC shall be updated in the DIN holders’ database.
Ø There is no need to file DIR-6 for any changes
PRACTICAL ISSUES RELATED TO DIR 3- KYC
Reviewed by CS DIVYANSHU SAHNI
on
09:50
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