Form- DIR-3 KYC For Foreign Director

FORM- DIR-3 KYC FOR FOREIGN DIRECTORDirectors Identification Number (DIN) is an identification number issued by the Ministry of Corporate Affairs, Government of India, to applicants who propose to be Directors on the Board of a Company or Designated Partners of an LLP.

DIR 3 KYC Filing is a yearly compliance to be filed by all the DIN holders irrespective whether the DIN holder is a Director in any Company or not/Designated Partner in an LLP or not.

The Form DIR 3 KYC is also required to be filed even if the status of the DIN is disqualified under Ministry of Corporate Affairs (MCA).

As required under Rule 12 A of The Companies (Appointment and Qualification of Directors) Rules, 2014, Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year shall, submit E-form DIR-3-KYC on or before 30th September of immediate next financial year.

For the first time if E-Form DIR-3 KYC is filed, for the consecutive years in case there are no changes in E-mail id and Mobile Number, the KYC can be filed through a web-based verification service, where in only Mobile and E-mail OTP will be required from the DIN holder.

The following shall not be able to do KYC web-based verification service and will be required to e file the E-Form DIR 3 KYC:

  • Those who have been allotted DIN during the FY 2020-21
  • Those who did not file their KYC last year even though they were required to do so. In such cases penalty of Rs 5000 must be paid.
  • Those who want to update their E-mail or Mobile Number from last year filed form.
  • For persons who want to update any other information like address, they need to first file DIR 6 and then after its approval use the web-based verification service.

Requirements for filing of Form- DIR-3 KYC for Foreign Director.

Identity Proof Copy of Passport
Proof of Address (Any one) Copy of Driving License / Bank Statement / Telephone Bill / Electricity Bill / Water Bill / Gas Bill
Translation of Documents All the documents that are not in English has to be translated to English by an accredited translator.
Notarization and Legalization or Apostilisation of Documents Copies of Passport and Address Proof with translations, if any, must be Notarized and Apostilled / Consularized by the competent authority of that foreign country
Validity of the Address Proof Utility bills like electricity, water, gas, telephone bill, Bank Statement shall be the name of the applicant and should be a recent one not older than 2 months from the date of application
Validity of the Notarized or Apostilled Documents Notarial Affidavits denotes verification of person making a legal declaration. It is used as a documentary evidence before the Court of Law. However, a specific declaration before any concerned authority like LIC, Bank or any govt office is valid for a period of six months from the date of swearing in.

 

 Key Points:

  1. Form shall be verified by Mobile OTP and Email OTP.
  2. The form should be filed by every Director using his own DSC and should be duly certified by Practicing professional.
  3. No KYC Fees if filed before 30th September of the Financial Year.
  4. Every Individual DIN will be marked as deactivated, who does not intimate his/her particulars E-Form DIR-3KYC within stipulated time.
  5. The de-activated DIN shall be re-activated only after E-Form- DIR-3 KYC is filed along with fees of Rs. 5000/- as prescribed under Companies (Registration Offices and Fees) Rules, 2014

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