India Corporate Law: Recent Developments in The Companies Act 2013

The Ministry of Corporate Affairs (“MCA”) has notified the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019. With the notification of these Rules, the ambiguity as regards the filing of KYC details of the directors every year has been removed. As per the aforesaid Rules, every director (who is having a Director Identification Number (DIN) as on March 31, 2019 is required to file / update / verify his KYC details with the MCA on or before September 30, 2019.

Who has to file DIR-3 KYC

  1. Every director who holds DIN as on March 31, 2019. Those directors who have already filed DIR-3 KYC last year and there are no changes in the details furnished earlier, have to verify the details through (Web Service) DIR-3 KYC-Web. No documents are required to be submitted in such a case. However, an online verification shall be done through an OTP, to be generated and sent on the mobile number and e-mail id of the director (as furnished last year while filing the KYC).
  2. However, in the event there is any change in the information (with regards to the e-mail id and mobile number) provided earlier, the directors have to file an online Form DIR-3 KYC. For filing the Form DIR-3 KYC, we would require the following documents / information.

Information required

  • Personal mobile number along with country code
  • Personal e-mail id

Documents required

  • Foreign citizen
    • Notarised and apostilled copy of passport;
    • Notarised and apostilled copy of bank statement / mobile bill / electricity bill / telephone bill in the name of the applicant (any one)- not older than 2 months
  • Resident of India
    • Self-attested copy of passport / voter id / aadhaar card / driving license (self-attested)
    • Self-attested copy of PAN Card (self-attested)
    • Self-attested copy of bank statement / mobile bill / electricity bill / telephone bill in the name of the applicant (any one)- not older than 2 months (self-attested)

For a director who has not filed the KYC earlier, the documents / information would remain same as mentioned in Point 2 above.