The company notifies the Registrar of DIN Services of the Director Identification Number (DIN) via MCA eForm DIR-3C. This form is only applicable if the director is serving in that capacity for one or more firms and has yet to obtain or inform the company or ROC of his DIN. Every director will be required to notify their respective companies of their DIN under these conditions within a month of receiving their DIN from the Government. Also, each company must submit eForm DIR-3C to the Registrar within 15 days of receiving notification. In compliance with Section 157 of the Companies Act of 2013[1] and Rule 10A (2) of the Companies (Appointment and Qualification of Directors) Regulations of 2014, E-Form DIR-3C must be submitted.
Laws Governing DIR-3C in India
In accordance with Section 157 of the Companies Act of 2013 and Rule 10A (2) of the Companies (Appointment and Qualification of Directors) Regulations of 2014, e-Form DIR-3C must be submitted.
Section 157: Every company must provide the Director Identification Numbers of all of its directors to the Registrar (ROC) or any other officer or authority as specified by the Central Government within fifteen days of receiving an intimation under Section 156, along with any fees that may be prescribed or additional fees that may be defined within the time period specified under Section 403.
Suppose a company needs to provide a Director Identification Number under sub-section (1) before the expiry of the period specified in Section 403. In that case, the company shall be punished with a fine of not less than twenty-five thousand rupees which goes up to one lakh. Each company officer who is in default shall be punished with a fine of not less than twenty-five thousand rupees but not less than one lakh rupees – Rule 10A (2). (2) The company’s intimation of the Director Identification Number of its directors under Section 157 of the Act must be furnished in Form DIR-3C within fifteen days of receipt of the intimation under Section 156.
What Is the Purpose behind Filling E-Form DIR-3
Every director must notify all companies in which they are directors of the DIN assigned to them in Form DIR-3B within 30 days of receiving notification of DIN approval. Similarly, the Secretary and Manager of a corporation must notify the corporation of their Income-tax Permanent Account Number (PAN). The company must notify the Registrar (ROC) of the directors’ DIN by filling out Form DIR-3C within a period of 15 days of receiving the notification.
Documents Needed For Obtaining DIR-3C
You will need the following documents to file your DIR 3 -KYC form:
- Details regarding your nationality and your citizenship details. Along with details regarding your gender and date of birth (DOB),
- A copy of your Permanent Account Number (PAN) Driving License, Aadhaar card and Voters Identity card,
- A copy of the Passport is mandatory if a foreign national is holding a DIN,
- Your contact details and personal email address;
- Details of your residential address.
In addition to the items listed above, please have the following items on hand:
- Digital signature of the applicant who is filling out the form;
- A practising CA (Chartered Accountant), CS (Company Secretary), and Cost Accountant must attest all the documents mentioned above;
- In the case of a foreign national, documents need to be attested by the authority as prescribed;
- The applicant has to provide a declaration which has to be attested by a practising professional (CA or CS).
What Is The Due Date Of Filing Form DIR-3 KYC?
The company must notify the Director Identification Number (DIN) of its directors under Section 157 of the Companies Act in e-Form DIR-3C within 15 days of receiving notification under Section 156 of the Companies Act.
Consequence of Not Filing E-Form DIR-3 KYC within the Specified Due Date
If a director who is supposed to file the e-Form fails to do so by September 30th on the MCA portal, the department will mark the director’s DIN as ‘Deactivated due to Non-filing of DIR-3C’. If the director wishes to reactivate his DIN in the future by submitting the missing e-Form DIR-3 KYC, he must pay a late fee of INR 5,000. This fee is due on or after September 30th of the year. The e-Form DIR-3 is to be filed by the directors on an annual basis.
Conclusion
The DIR-3C form is intended to streamline the procedure for the company to notify the Registrar of its Director Identification Number (DIN). In accordance with Section 157 of the Companies Act of 2013 and Rule 10A (2) of the Companies (Appointment and Qualification of Directors) Regulations of 2014, e-Form DIR-3C must be submitted. So if a director who is supposed to file the e-Form fails to do so by September 30th on the MCA portal, the department will mark the director’s DIN as ‘Deactivated due to Non-filing of DIR-3C.
Read Our Article: How To Obtain Director Identification Number?
