This is the first time this KYC check is being done and all directors of all companies in India (including disqualified directors) will be required to file the Form DIR 3 – KYC with the Ministry of Corporate Affairs through the MCA 21 portal.
Key points to remember for any person who is a director of an Indian Company are:
(i) This KYC is mandatory for all directors, including disqualified directors. However, directors holding DINs which have been ‘deactivated’ prior to September 15, 2018, do not need to make this filing. Foreign directors also need to make the filing.
(ii) This KYC is independent of any other filings that you may have made and has to be made irrespective of whether you have submitted KYC-related details to the Ministry of Corporate Affairs previously. “KYC is independent of any other filings made in the past”
Foreign Directors need to keep in mind the following points before filling the form:
(i) Foreign residential proof is allowed for foreign citizens who are directors in Indian companies. Bank statement, electricity bill, telephone/mobile bill which specifies the address of the director may be attached as address proof, provided that bank statement, electricity bill, telephone or mobile bill shall not be more than 2 months old.
(ii) Aadhar number is not required for filings being made by foreign citizens.
(iii) A foreign mobile number may be used by foreign residents for verification purposes.
For further details you can also refer to the FAQs on Form DIR 3 – KYC issued by the Ministry of Corporate Affairs.
At LexStart we advise start-ups at various stages of growth on disclosure-related compliances and non-disclosure arrangements. You can reach out to support@lexstart.com with any specific queries that you may have.
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