The Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified on 25th July 2019, and as per the stated notification:
In exercise of the powers conferred by the second proviso towards sub-section 1, sub-section 4 and clause (f) of sub-section 6 of section 149, sub-sections 3 and 4 of section 150, section 151, sub-section 5 of section 152, section 153, section 154, section 157, section 160, sub-section 1 of section 168 and section 170 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014.
These rules might be called the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019. They would come into force on the date of their publication in the Official Gazette.
ln the Companies (Appointment and Qualification of Directors) Rules, 2014 (as referred to in the said rules), in rule 11, in sub-rule 2 and sub-rule 3, after the letters, words and figure “e-form DIR-3-KYC” the words, letters and figures” or the web service DIR-3-KYC-WEB” as the case might be” shall be inserted.
In the stated rules, in rule 12A, for the words “who has been allotted”, the words “who hold” would be substituted:
For the words, letters and figures “submit e-form DIR-3-KYC towards the Central Government on or before 30th June of immediate next financial year”, the words, letters, and figures “submit e-form DIR-3-KYC for the said financial year towards the Central Government on or before 30th September of immediate next financial year” shall be substituted.
After the provision, the following provisions shall be inserted, namely.
Provided further that where a person who has already submitted e-form DIR-3 KYC regarding any previous financial year, submits web-form DIR-3 KYC-WEB through the web service regarding any subsequent financial year it would be deemed to be compliance of the provisions of this rule for the said financial year.
Provided also that in case a person desires to update his personal mobile number or the e-mail address, as the case may be, the person shall update the same by submitting e-form DIR-3 KYC only:
Provided also that fee for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service, as the case may be, would be payable as provided in Companies (Registration Offices and Fees) Rules, 2014.
MCA Updates on eForm DIR-3 KYC and LLP Forms
eForm DIR-3 KYC must be filed by a person who holds DIN and is filing his KYC details for the first time or by the DIN holder who has already filed his KYC once in eform DIR-3 KYC but needs to update his details.
Web service DIR-3-KYC-WEB must be used by the DIN holder who has submitted DIR-3 KYC eform in the previous financial year and no update is needed in his details.
Stakeholders might plan accordingly.
Form Addendum to FiLLiP must be revised on MCA21 LLP Forms Download page on 26th July 2019. Stakeholders are recommended to check the latest version prior filing.
Form 4 must be revised on MCA21 LLP Forms Download page 26th July 2019. Stakeholders are advised to check the latest version prior filing.
Form 4A must be revised on MCA21 LLP Forms Download page 26th July 2019. Stakeholders are recommended to check the latest version before filing.
Important Points:
Filing DIR-3 e-KYC for Financial Year 2018-19 is compulsory even for individual who has already filed DIR-3 KYC for the year 2017-18.
DIR-3 e-KYC for Financial Year 2018-19 is a web-based verification procedure were there no change in mobile no. or e-mail address.
In case there is a change in mobile no. or e-mail address, the DIN holder towards filing e-form DIR-3 KYC also, DIR-6 for updating of change in particulars.
The due date for filing DIR-3 e-KYC for Financial Year 2018-19 is 30th September 2019.
Fee for filing DIR-3 KYC / DIR-3 KYC-WEB
The fee required for filing e-form DIR-3 KYC or web-form DIR-3 KYC-WEB through the web service must be paid as follows:
Fee Filing of e-form DIR-3 KYC or DIR-3 KYC web service on or before 30th September is NIL.
Fee for delayed cases is Rs.5000.00.
Fee payable if the person failed to file e-form DIR-3 KYC or DIR-3 KYC-WEB for the previous financial year (in delayed case) is Rs.5000.00.
What is the DIR– 3 KYC Form
According to rule 12A of the Companies (Appointment and Qualification of Directors) Rules 2014, "each person who was given a Director Identification Number (DIN) as on 31st March of fiscal years in accordance with these rules would submit an e-form DIR-3-KYC towards the Central Government at on or before 30th April of the immediate next fiscal year.
DIR– 3 Form was in the past utilized so as to obtain a Director Identification Number. As the new organization incorporation regulations are presented, DIN is automatically issued under the SPICe Form. DIR-3 eKYC is introduced by the Ministry of Corporate Affairs to perform a KYC (know your customer) verification for Directors of every company. Such filing is compulsory for Directors and must be filed by utilizing a Digital Signature Certificate.
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