Director KYC refers to the process through which companies verify and authenticate the identity of their directors. It is a crucial compliance measure aimed at ensuring transparency, accountability, and preventing fraudulent activities within an organization. As part of Director KYC, directors are required to provide essential personal information, such as identification documents, proof of address, and other pertinent details. This process is often mandated by regulatory authorities and is essential for companies to maintain accurate and up-to-date records of their leadership. Director KYC not only helps in adhering to legal requirements but also strengthens corporate governance by establishing the credibility and integrity of individuals holding key positions within a company.
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As per the Ministry of Corporate Affairs announcement, any person who has been allotted “Director Identification Number (DIN/DPIN)” on or before 31st March 2018 and the status of such DIN is ‘Approved’, needs to file eForm DIR-3 KYC to update KYC details on the MCA portal on or before 5th October 2018. This procedure is mandatory for disqualified directors too.
From the Financial Year 2019-20 onwards, it is mandatory for every director who has been allotted a DIN on or before the end of the financial year and whose DIN status is ‘Approved’, will have to file eForm DIR-3 KYC before 30th September the immediately next financial year.
For example, for the financial year 2020-2021, the directors or partners who were allotted DIN or DPIN by 31st March 2021 are required to file the DIR-3 KYC form before 30th September 2021.
Any DIN holder who is filing his KYC details for the first time with MCA must file all KYC details only through eForm DIR-3 KYC. Also, any DIN holder who wants to update any information of his KYC details must update the same through the filing of eForm DIR-3 KYC only.
As per the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, every individual who is allotted DIN as of 31st March of a financial year must submit his KYC on or before 30th September of the immediately next financial year.
If the DIN holder does not file his annual KYC within the due date of each financial year, such DIN shall be marked as ‘Deactivated due to non-filing of DIR-3 KYC’ and will continue to remain in ‘Deactivated’ status until KYC is done with a late fee of Rs.5000/-.
To re-activate the DIN in the future, the director can file the eForm DIR-3 KYC after paying a late fee of Rs.5000/-. The late fees would be payable on or after the due date i.e., 30th September of the financial year in which the form is to be filed. The form is mandatory to be filed by all the directors annually within the specified due date to avoid late fees and deactivation of DIN.
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