Directors KYC Services

Directors KYC Services by Deepak Prakash & Associates

In India, maintaining transparency and regulatory compliance is essential for any company to function smoothly. One of the key compliance requirements under the Companies Act, 2013 is the Director KYC (Know Your Customer) process. The Director KYC process ensures that the government and regulatory bodies have updated, accurate details of the individuals who are responsible for the management of the company. This helps in maintaining the integrity of the corporate system and enables authorities to track directors’ details in cases of fraud or non-compliance.

At Deepak Prakash & Associates, we provide comprehensive services to ensure that all your Directors KYC filings are done accurately and on time, in compliance with the regulatory requirements set by the Ministry of Corporate Affairs (MCA). Our expert Chartered Accountants assist in completing the process, ensuring that all the necessary forms are submitted without any delays, thus avoiding any penalties or legal issues for your company.

What is Directors KYC?

Director KYC (Know Your Customer) is the process of submitting the personal and professional details of the directors of a company to the Ministry of Corporate Affairs (MCA). This KYC filing is mandatory for all directors of Indian companies, including private limited, public limited, and One Person Companies (OPCs). The objective of this process is to verify the identity of directors and ensure they are not involved in fraudulent activities or non-compliant business practices.

The Director KYC process includes providing the following details:

  1. Personal Details:

    • Name
    • Father’s name
    • Nationality
    • Date of birth
    • Residential address
    • Contact details

  2. Professional Details:

    • Director Identification Number (DIN)
    • Permanent Account Number (PAN)
    • Aadhaar details (for Indian directors)
    • Passport details (for foreign directors, if applicable)
    • Email address and phone number
    • Other relevant documents, such as proof of address

Importance of Director KYC

  • Legal Compliance:

    • Filing Director KYC ensures compliance with the legal requirements under the Companies Act, 2013. Non-compliance can lead to penalties and disqualification of the director from holding the position.

  • Prevent Fraudulent Activities:

    • The MCA uses the KYC process to ensure that directors are not involved in fraudulent activities or financial misconduct. It helps maintain the integrity of the corporate system.

  • Updated and Accurate Database:

    • The process updates the government’s records, ensuring that only legitimate and compliant directors are associated with companies. This helps in regulatory tracking and auditing processes.

  • Avoid Penalties and Disqualification:

    • Directors who do not comply with the KYC filing requirement may be marked as non-compliant, which could lead to penalties and even disqualification from serving as directors.

  • Transparency:

    • It ensures that the MCA and other authorities have accurate, up-to-date information regarding the directors of a company, ensuring transparency in corporate governance.

Director KYC Filing Procedure

The Director KYC filing process is straightforward but must be completed correctly to avoid penalties. Here’s the step-by-step process:

  1. Obtain Director Identification Number (DIN):

    • Before filing for Director KYC, a person must have a valid DIN issued by the Ministry of Corporate Affairs. If a director does not have a DIN, they must apply for one through the prescribed process.

  2. Gather Required Documents:

    • PAN Card: The director’s Permanent Account Number (PAN).
    • Aadhaar Card: For Indian directors, the Aadhaar card is mandatory.
    • Passport: For foreign directors, a valid passport copy is required.
    • Proof of Address: The director must submit a valid proof of address, such as a utility bill or bank statement.
    • Photograph: A recent passport-sized photograph of the director.

  3. File DIR-3 KYC Form:

    • The DIR-3 KYC form is the official document used for submitting the director’s KYC details to the MCA. This form must be filed annually by every director of a company.
    • The form requires the director to provide their personal details, contact information, and KYC documents (PAN, Aadhaar, and proof of address).

  4. Submit the Form to MCA:

    • After filling out the form, the director must sign the form digitally and submit it to the Registrar of Companies (ROC) through the MCA portal.
    • The form must be submitted by 30th September each year to ensure compliance.

  5. Certification by Professional:

    • In some cases, if there is a change in the director’s details, the filing must be certified by a Company Secretary or Chartered Accountant.

  6. Confirmation and Acknowledgement:

    • Once the DIR-3 KYC form is successfully submitted, the MCA will acknowledge the filing and update the director’s status. Directors can check their status through the MCA portal.

Director KYC – Annual Filing Requirement

Director KYC is an annual requirement, and it must be filed every year by 30th September. This annual filing ensures that all directors are in compliance with the MCA and prevents penalties or disqualification. Failure to file the DIR-3 KYC form on time results in a penalty, and the director’s DIN may be marked as “inactive.”

Consequences of Non-Compliance with Director KYC

  • Inactive DIN:

    • If a director fails to file the Director KYC form, their DIN will be marked as “inactive,” meaning the director cannot participate in any corporate activities until the KYC is filed.
  • Penalties:

    • Directors who do not comply with the KYC filing requirement will be liable to a penalty of ₹5,000 and ₹5,000 for every additional day of delay.
  • Disqualification:

    • In extreme cases of continued non-compliance, the director may be disqualified from holding office as a director in any company.

Why Choose Deepak Prakash & Associates for Director KYC Services?

At Deepak Prakash & Associates, we understand the importance of timely and accurate Director KYC filings. Our experienced team ensures that your company and its directors remain compliant with all regulatory requirements, avoiding any penalties or legal complications.

Here’s how we can help:

    1. Expert Consultation:

      • We provide expert consultation on the Director KYC process, ensuring all directors are aware of the necessary documents and deadlines.

    2. Timely Filing:

      • We ensure that all KYC filings are completed and submitted on time, ensuring no penalties or risk of disqualification.

    3. Complete Documentation:

      • Our team helps you gather all the necessary documents, ensuring that the KYC process is smooth and compliant.

    4. Digital Signatures:

      • We assist in obtaining and applying digital signatures for the directors, which are necessary for filing the DIR-3 KYC form.

    5. Avoiding Penalties:

      • By ensuring timely and accurate filings, we help you avoid unnecessary penalties and legal issues associated with late or non-compliance.