DIN Validation - eForm DIR 3 KYC
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DIN Validation - eForm DIR 3 KYC
Director Identification Number and Designated Partner Identification Number, shortly called as DIN & DPIN respectively, are 8 - digit unique identification numbers of a director and designated partner.
These numbers are allotted to individuals who serve as a director of a company or designated partner of an LLP. Section 153 of the Companies Act, 2013 provides that every individual intending to be appointed as a director of a company or designated partner of a LLP shall make an application, for allotment of DIN/DPIN, to the Central Government in Form DIR 3.
In September 2019 the Ministry of Corporate Affairs introduced eForm DIR 3 KYC. The purpose of introducing this form was to verify the DIN/DPIN holder’s identity and address through relevant documents. This means that every holding a DIN/ partner holding DPIN is required to submit his KYC details annually in eForm DIR 3 KYC.
What is eForm DIR 3 KYC and Who is Required to File it?
DIR 3 KYC is an electronic form that is required to be filed by every individual who holds a DIN/DPIN. Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014 states that every individual who holds a DIN/DPIN as on 31st March of a financial year as per these rules shall submit eForm DIR 3 KYC for the said financial year to the Central Government on or before 30th September of immediate next financial year.
Law clearly emphasizes on “individual” holding the DIN/DPIN, that irrespective of whether the individual is appointed as a director/designated partner, as the case may be, or not, he shall file his KYC details to the Central Government every year.
In simple terms, an individual who is allotted a DIN/DPIN and whose DIN/DPIN is in approved status needs to submit his KYC details to the MCA in form DIR 3 KYC.
Form DIR 3 KYC - WEB
Under the companies Act, it is mandatory to file the Form DIR 3 KYC every year. Every individual holding a DIN/DPIN needs to submit all the prescribed documents to MCA by 30th September of every financial year. Filing the same documents every year seems to be a tedious process. So, to provide some ease to the DIN/DPIN holders MCA introduced Form DIR 3 KYC - WEB. This form is in continuation of DIR 3 KYC.
Rule 12A of the Companies (Appointment and Qualification of director Directors) Rules, 2014 provides that where an individual who has already submitted eForm DIR 3 KYC in relation to any previous financial year, submits web form DIR 3 KYC - WEB through the web services in relation to any subsequent financial year, then it shall be deemed to be compliance of the provisions of this rule for the said financial year.
However, in case an individual desires to update his personal mobile number or the email address, as the case may be, he shall update the same by submitting e-form DIR 3 KYC.
To put this in simple terms, in the initial period the DIN/DPIN holder needs to file his KYC details in form DIR 3 KYC only. In the subsequent year, he or she can get access to the web services of DIR-3 KYC – WEB, provided there is no change in the details submitted by him in the previous year. In case there is any change then he needs to update that detail by filing e-form DIR 3 KYC.
Details Required to be Filed in DIR 3 KYC
Every individual needs to furnish the following details in DIR 3 KYC:
- Name of the individual (as per PAN database)
- Father’s Name of the individual
- Date of birth of the individual
- Permanent Account Number (PAN) of the individual (this is mandatory for Indian citizens)
- Personal Mobile number of the individual
- Personal Email Address of the individual
- Permanent Address of the individual along with proof of address. If the current address is different from the permanent address then the current address needs to be furnished compulsorily.
- Passport to prove the nationality (if the individual is a non resident of India)
- Aadhar number of the individual
- Voter Identity Card of the individual
- Driving License of the individual
- Attested copy of the documents mentioned above shall be attached
- Digital Signature of the individual
- Some points that are needed to be kept in mind:
- Every individual must enter his or her personal mobile number and email id in the form DIR 3 KYC. The same will be verified by an OTP process.
- The mobile number and email id must be unique such that it is not already linked with some other person in the DIN/DPIN holders’ database.
- The individual must use his or her own digital signature for attesting the form.
- The documents shall be duly attested by either CA or CS or Cost Accountant in practice along with a declaration of the attestation.
How to file eForm DIR 3 KYC or Process for filing DIR 3 KYC
The step by step process to file DIR 3 KYC is as follows:
Step 1: Download Form DIR 3 KYC from the MCA website
Step 2: The DIN holder here needs to fill the details of his DIN which has an “approved” status. In case the DIN has been deactivated due to non-filing of KYC details within the due date, then it can do so after the due date after by paying late fees.
Step 3: Furnish the details mentioned above in the DIR 3 KYC
Step 4: Verify PAN by clicking on the “Verify Income tax PAN” option after entering the valid PAN of the DIN/DPIN holder
Step 5: Update contact details like mobile number and email id. Once updated click on the “Generate OTP” option for verification of contact details furnished. Separate OTP will be generated for mobile number and email id.
Note that an OTP can be generated on mobile number and email for a maximum of ten times in a day and twice in thirty minutes against one form.
Step 5: After filing all the details, get the form signed or attested from a CA or CS or Cost accountant in practice. The form shall be attested by digital signature of these professionals. It is necessary to enter the details of these professionals along with their digital signature.
Step 6: Once done, click on the “submit” option to submit the DIR-3 KYC form.
Step 7: After successful submission of the form, an SRN i.e., Service Request Number will be allotted to the DIN/DPIN holder. This SRN is for future correspondence with MCA.
Step 8: After completion of all the above steps, an email will be sent to the applicant, by acknowledging the receipt or approval of the form DIR-3 KYC by MCA.
Step 9: Once the applicant has received the email of approval, the process of filing the form will be completed.
Consequences and Late Penalty Fees for Not Filing the DIR 3 KYC Form
In case the individual fails to file the KYC details in form DIR 3 on or before the due date, the department will mark his or her DIN/DPIN as “Deactivated due to Non Filing of DIR 3 KYC.”
In such a case if the individual wishes to re-activate his DIN/DPIN he can do so by paying a late penalty fees of Rupees Five Thousand while filing DIR-3 KYC after the due date.
FAQs about Bookkeeping & Accounting
Yes. Any person who has been allotted DIN and where the status of that DIN is ‘Approved’, is required to file form DIR-3 KYC. Hence, disqualified directors are also required to file form DIR-3 KYC.
Yes. In case the department has marked the DIN as “Deactivated due to Non Filing of DIR 3 KYC” the individual can file the form DIR-3 KYC on payment of late fees of rupees 5000.
The purpose behind introducing this form is to verify the details of individuals that were furnished in the DIN application. Sometimes individuals incidentally file false information while applying for DIN. Filing KYC details can help us in verifying those details.
Individuals who have been allotted a DIN/DPIN and holds it on 31st March of the financial year, should file Form DIR-3 KYC on or before 30th September following the financial year. This process remains the same for every year.
No. Any individual is not allowed to file his DIR-3 KYC form multiple times. In case KYC details are already filed for a DIN/DPIN and if such DIN/DPIN is entered again, the system will throw an error that the form is already filed.