The Ministry of Corporate Affairs (“MCA”) has in a notification dated July 25, 2019, issued amendments to the Companies (Appointment and Qualification of Directors) Rules, 2014.
Background:
As already intimated by the MCA, and reported by us in the trail email, a provision for web-based service for the filing of Form DIR3-KYC was in the pipeline. The MCA had informed that such web based service would require persons, who had already filed DIR-3 KYC, to complete their KYC through a simple web-based verification service, which would be pre-filled with data, based on the records present in the registry of the government, for ease of verification by such persons concerned. The same is now being introduced by way of the present Amendment.
- What you need to do?
| Scenario 1 | For a DIN holder who is filing the KYC details for the first time | You are required to file the KYC details through the e-form DIR 3 KYC only. |
| Scenario 2 | For a DIN holder who has submitted DIR-3 KYC e-form in the previous financial year | You can now submit web-form DIR-3 KYC-WEB through the web service for subsequent financial years, provided there is no update required in your details such as personal mobile number or the e-mail address. |
| Scenario 3 | For a DIN holder who wants to update details such as personal mobile number or the e-mail address | Updation can be done by filing e-Form DIR-3-KYC only and not through the web service. |
- The due date for filing e-form DIR-3-KYC or web-form DIR-3 KYC-WEB for a financial year has now been extended to September 30 of the immediate next financial year. The earlier position required filing e-form DIR-3-KYC by 30 June of the immediate next financial year.
- Accordingly, a new form DIR-3 KYC-WEB has been inserted.
In line with the abovementioned Amendment, the MCA has also introduced the Companies (Registration Offices and Fees) Fourth Amendment Rules, 2019, in another notification dated July 25, 2019, whereby the extended due date of September 30 and the reference to the new e-form DIR-3 KYC-WEB have been inserted. The fees in case of delayed filing remains Rs. 5000.
The Amendments have been notified w.e.f. 25th July 2019, the Companies (Registration Offices and Fees) Fourth Amendment Rules, 2019 is yet to be published in the Official Gazette.
Please note that the revised e-form DIR-3-KYC and the new web-form DIR-3 KYC-WEB are not yet deployed on the MCA 21 portal.
Source: Ministry of Corporate Affairs, Ministry of Corporate Affairs
