Deadline For KYC of Directors
Dates to be kept in mind to comply with Annual Compliance of KYC
As per the provisions of Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, every individual who is allotted DIN as on 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 shall remain in such Deactivated status until KYC is done with a fee of Rs.5000.
Note, if the KYC is done in one financial year, it NEED NOT be done again in the same financial year again. For example, DIN issued on 30 Jun 2017. Due date for first KYC to be filed in eForm DIR-3 KYC was 5th October 2018. If the DIN holder does not file the form within the due date, DIN is marked as ‘Deactivated due to non-filing of DIR-3 KYC’. Now in case the form DIR-3 KYC is filed with a fee of Rs.5000 before 31st March 2018, KYC will be considered to have been done for the FY 17-18.
However, if the form DIR-3 KYC is filed with a fee of Rs. 5000 on or after 1st April 2018, KYC will be considered to have been done for the FY 18-19 and the DIN holder will remain KYC non-compliant for FY 17-18. Now this DIN holder need not file eForm DIR-3 KYC or access the web service DIR-3 KYC again for FY 18-19.
Consequence of not filing eForm DIR-3 KYC within the specified Due Date:
In case a director who is supposed to file the e-Form does not file it by 30th September on MCA 21 portal, the department will mark the DIN of such director as ‘Deactivated due to Non-filing of DIR-3 KYC’. If the director wishes to re-activate his DIN in future by filing the missed out eForm DIR-3 KYC, he can do so after paying a late fee of Rs 5,000. This fee would be payable on or after 30th September of the year in which the eForm DIR-3 is to be filed. This form needs to be filed annually by the directors.