Annual Compliance for DIN Holders: Filing of Form DIR-3
Annual Compliance for DIN Holders – Director Identification Number is a unique number allotted by the MCA to a person willing to be a director of a newly incorporated company or of any existing company or to become a designated partner of the LLP. For LLP the term used instead of DIN is DPIN which stands for Designated Partner’s Identification Number, but both are the same.
Earlier Persons willing to be Directors / Designated Partners in any company or LLP have to apply for DIN/DPIN before the incorporation but under the ease of doing business initiatives started by The Government of India, the process is changed and now DIN/DPIN is allotted along with the Incorporation of the company or LLP and the fee for DIN/DPIN is also abolished. But the case where any person willing to be a director or designated partner in any existing company or LLP, DIN, or DPIN is allotted by the MCA after the payment of Rs 500/- as the MCA Challan fee.
Form DIR-3 KYC
MCA made an announcement and issued the notification on 05-07-2018 that any person holding DIN/DPIN by or on 31st March 2018 and the status is approved is required to file Form DIR-3 KYC and submit their details to the MCA even if the director or designated partner is disqualified to keep the DIN/DPIN under active status
From the financial year 2019-20 onwards, it is mandatory for every person having a DIN/DPIN in approved status to file his KYC by 30th September of every year, non-filing or delayed filing will lead to consequences such as DIN De-activation and Penalties of Rs 5000/-.
Currently, there are two types of form one is DIR-3 KYC and the other is DIR-3 Web KYC. DIR-3 KYC is used for the DIN/DPIN holders filing their DIR 3 KYC form for the first time or having any change in their communication details such as Change in Address, Change in Phone No or Change in Email and the Form DIR-3 Web KYC is used for the DIN/DPIN holders not having any change in the communication details.
The DIR-3 KYC is to be digitally signed by a Practicing Chartered Accountant / Company Secretary / Cost Management Accountant.
Details required for filing of Form DIR-3 KYC
- DIN No
- Proof of Current and Permanent Address
- Details of Aadhar card
- Details of Pan Card
- Details of Passport
- Mobile No and Email Id
A person having Multiple DIN
As per provisions of The Companies act, 2013 read with relevant rules, notifications, and orders issued on the MCA website
“In respect of an individual who has Duplicate/Multiple DINs, he can retain the Oldest DIN only. DINs obtained later have to be surrendered.”
However, one can opine that DIN taken on later on (second DIN) shall be surrendered by an individual. Surrender of Oldest or First DIN is not allowed.
The holder of multiple/duplicate DIN shall make an application for its Surrender to the Concerned Regional Director (RD). The application shall be filed in Form DIR-5. There are certain penalties imposed on the individual having multiple DIN numbers such individual shall be punishable with imprisonment for a term which may extend to six months or with a fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continues as per section 159 of The Companies Act, 2013.