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DIR-3 DIN KYC Filing with LPC Consultancy

The Ministry of Corporate Affairs (MCA) mandates that all directors who hold a Director Identification Number (DIN) must file their KYC details annually through Form DIR-3 KYC. This process is crucial for maintaining the validity of the DIN and ensuring that the director’s information is up-to-date in the MCA records. Failure to comply can lead to the deactivation of the DIN, which can have serious consequences for both the director and the company. LPC Consultancy provides comprehensive assistance with the DIR-3 DIN KYC filing, ensuring that you meet all compliance requirements efficiently and on time.

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OVERVIEW

What is DIR-3 DIN KYC Filing?

The Director Identification Number (DIN) is a unique identification number assigned to individuals who wish to become directors in Indian companies. Every individual who holds a DIN is required to submit their KYC details to the MCA every year to verify their identity and contact information. The DIR-3 KYC form is used for this purpose, and it must be filed before the due date each year.

If a director fails to file DIR-3 KYC within the stipulated deadline, their DIN will be deactivated by the MCA, preventing them from engaging in directorial activities in any company until the KYC is updated.

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Why is DIR-3 DIN KYC Filing Important?

  1. Mandatory Compliance: The MCA has made it compulsory for all directors with a valid DIN to file DIR-3 KYC annually. Failure to comply can result in penalties and deactivation of the DIN.

  2. Prevent Deactivation of DIN: If DIR-3 KYC is not filed, the MCA will deactivate the DIN, which means the director will not be able to perform any corporate activities until it is reactivated by filing the overdue KYC.

  3. Maintain Updated Records: Filing the DIR-3 KYC ensures that the director’s information, such as address and contact details, remains updated in the MCA’s database, facilitating smooth communication.

  4. Avoid Legal and Financial Consequences: Non-compliance can result in fines and legal consequences for both the director and the company, as the director’s actions could be rendered invalid.

  5. Reactivate Deactivated DIN: If your DIN has already been deactivated due to non-filing in previous years, filing the DIR-3 KYC will allow you to reactivate your DIN and resume directorial duties.

Who Needs to File DIR-3 DIN KYC?

  1. All individuals who have been allotted a DIN on or before March 31st of a particular financial year must file the DIR-3 KYC form annually.

  2. The filing is required whether or not the individual is currently a director in any company.

  3. Directors who have not updated their KYC details in previous years must also file DIR-3 KYC to reactivate their DIN.

Types of DIR-3 KYC Filing

  1. DIR-3 KYC Form Filing (For First-Time or Delayed Filing)

    • Directors who are filing their KYC for the first time or those who have missed previous deadlines must submit their KYC details using the DIR-3 KYC form. This includes providing identification documents, contact details, and verifying the details with a Digital Signature Certificate (DSC).

  2. DIR-3 KYC Web (For Subsequent Annual Filings)

    • Once a director has filed their DIR-3 KYC form, they can use the DIR-3 KYC Web platform for subsequent annual filings. This is a simplified process that does not require submitting documents again unless there have been changes in the director’s information.

Documents Checklist

DOCUMENTS FOR DIR 3 KYC FILING

Director’s Personal Details
Full name, father’s name, date of birth, and nationality.
Email and Mobile Number
A personal mobile number and email address that will be verified through an OTP process.
Identity and Address Proof
  • PAN card (mandatory for Indian nationals).

  • Passport (mandatory for foreign nationals).

  • Aadhaar card, voter ID, or driving license for address verification.

Photograph
A recent passport-size photograph must be attached to the form.
Digital Signature Certificate (DSC)
A valid DSC is required to submit the DIR-3 KYC form. LPC Consultancy can assist in obtaining or renewing a DSC if needed.

How LPC Consultancy Helps with DIR-3 DIN KYC Filing

LPC Consultancy offers end-to-end support for DIR-3 KYC filing, ensuring that your compliance is handled smoothly and without delay. Here’s how we help:

  1. Data Verification and Collection:

    • We collect and verify all necessary documents and information from the director to ensure the details are accurate and complete before filing the DIR-3 KYC.

  2. Preparation of the DIR-3 KYC Form:

    • Our team prepares the DIR-3 KYC form with the correct information and ensures that all required documents are attached.

  3. Filing with the MCA:

    • We file the DIR-3 KYC form online through the MCA portal, ensuring timely submission to avoid penalties and the deactivation of your DIN.

  4. Verification and Confirmation:

    • We assist in the OTP verification process to confirm the director’s email and mobile number, ensuring that the form is successfully submitted.

  5. Post-Filing Support:

    • Once the DIR-3 KYC is filed, we provide you with the acknowledgment and ensure that your DIN remains active and compliant for the year.

  6. Reactivation of Deactivated DIN:

    • If your DIN has been deactivated, we guide you through the process of filing the DIR-3 KYC form to reactivate your DIN and resume directorial activities.

What Happens If You Fail to File DIR-3 KYC?

  • Deactivation of DIN: The MCA will deactivate your DIN if the DIR-3 KYC is not filed before the deadline, rendering you ineligible to act as a director in any company.

  • Penalties for Late Filing: If you miss the deadline, you will be required to pay a late filing fee of Rs. 5,000 to reactivate your DIN.

  • Impact on Company Compliance: The deactivation of your DIN can have serious implications for your company, including invalid board decisions, signing limitations, and compliance issues.

Why Choose LPC Consultancy for DIR-3 DIN KYC Filing?

  • Expert Legal Support: Our team of legal and compliance professionals ensures that your KYC filing is accurate, complete, and submitted on time to prevent any issues.

  • Comprehensive Service: We handle the entire process, from collecting documents to filing the form with the MCA, ensuring that your DIN remains active without hassle.

  • Quick Turnaround Time: We ensure that your DIR-3 KYC is filed promptly, helping you avoid penalties and ensuring compliance with MCA regulations.

  • Affordable and Transparent Pricing: LPC Consultancy offers competitive and transparent pricing for DIR-3 KYC filing services, with no hidden fees or charges.

  • Ongoing Support: We provide ongoing support to ensure that your KYC filing is done every year without delay, ensuring uninterrupted compliance.

OUR CLIENTS SAY

There was a little bit of anxiety and doubt when I contacted them as I was from one side of the country and they were from other side and I was new to online filing and legal process. But the service I got from them was marvelous. These guys are so professional, that I never felt to be new to them. The execution of legal and processing was first class. They finished the assignment before committed time and pricing is absolutely affordable and value for money." 

Mr. Bikash Garabadau,
Founder, Cosmo Trade, Bhubaneswar, Odisha

FAQ ON DIR-3 KYC FILING

  • What is the process for appointing a director in a company?
    The process involves obtaining a DSC, applying for a DIN, passing a board resolution, and filing Form DIR-12 with the ROC.
  • What documents are required for appointing a director?
    Key documents include the DSC, DIN, identity proof, address proof, consent to act as a director (Form DIR-2), and a declaration of non-disqualification.
  • What is Form DIR-12?
    Form DIR-12 is the form filed with the ROC to notify the appointment of a new director, containing details about the director and their role.
  • What is a DIN, and why is it required?
    A DIN (Director Identification Number) is a unique identification number issued by the MCA to individuals who wish to serve as a director in any company.
  • Can an individual be a director in more than one company?
    Yes, an individual can serve as a director in multiple companies, but there are limits on the number of directorships as per the Companies Act.
  • What happens if Form DIR-12 is not filed on time?
    Failure to file Form DIR-12 within 30 days of the director’s appointment can result in penalties and the appointment being considered invalid.
  • Who can appoint a director?
    Directors can be appointed by the company’s board of directors, shareholders, or a nomination committee, depending on the company’s articles of association.
  • What is the role of a non-executive director?
    A non-executive director contributes to the company’s governance and strategic decision-making but does not participate in day-to-day operations.
  • How can LPC Consultancy help in appointing a director?
    LPC Consultancy handles the entire process, from document collection to filing with the ROC, ensuring a smooth and compliant appointment.
  • Can a director be appointed without a board meeting?
    No, a board meeting must be held, and a resolution must be passed to formally appoint the director.
  • Can a foreign national be appointed as a director in an Indian company?
    Yes, foreign nationals can be appointed as directors in Indian companies, provided they meet the eligibility criteria and have the necessary documentation.
  • What is the difference between an executive and a non-executive director?
    An executive director is involved in the company’s day-to-day management, while a non-executive director focuses on governance and strategy.
  • Is a Digital Signature Certificate (DSC) mandatory for directors?
    Yes, a DSC is required for signing digital forms and documents submitted to the ROC.
  • What is Form DIR-2?
    Form DIR-2 is the written consent from the director, stating their willingness to act as a director in the company.
  • Can a company appoint more than one director at a time?
    Yes, a company can appoint multiple directors in a single board meeting, provided all necessary filings are completed.
  • What is a nominee director?
    A nominee director is appointed to represent the interests of a shareholder, creditor, or financial institution on the company’s board.
  • Can a director be removed after being appointed?
    Yes, a director can be removed through a shareholder resolution or by the board, depending on the company’s articles of association.
  • What is the tenure of an additional director?
    An additional director holds office until the next AGM, after which the shareholders must confirm their appointment.
  • Is there a minimum age requirement for becoming a director?
    Yes, an individual must be at least 18 years old to be eligible for appointment as a director in an Indian company.
  • What is the maximum number of directorships a person can hold?
    An individual can hold a maximum of 20 directorships, with not more than 10 in public companies.
  • What is the process for resigning as a director?
    A director can submit their resignation, and the company must file Form DIR-12 to inform the ROC of the resignation.
  • Can an LLP appoint a director?
    No, LLPs have designated partners instead of directors, but partners can have similar roles in decision-making.
  • Is it necessary to update statutory registers after appointing a director?
    Yes, the statutory registers of directors and key management personnel must be updated after appointing a director.
  • What is the role of an alternate director?
    An alternate director is appointed to temporarily act on behalf of a director who is unable to attend board meetings for an extended period.
  • What sets a Private Limited Company apart from other business structures in India?
    A Private Limited Company offers a balance between flexibility and limited liability, making it ideal for small to medium-sized businesses that wish to grow while minimizing personal financial risk.
  • Why should I consider registering my business as a Private Limited Company?
    Registering as a Private Limited Company provides your business with legal recognition, enhances credibility, and opens up opportunities for investment and growth, while protecting your personal assets.
  • Can I start a Private Limited Company if I already have another business?
    Yes, you can start a Private Limited Company even if you already own another business. However, the new company must operate as a separate legal entity with its own distinct identity.
  • What is the process for choosing the right business structure before registration?
    Choosing the right business structure involves evaluating your business goals, investment plans, risk appetite, and long-term vision. Our experts at LPC Consultancy can help you make an informed decision.
  • What happens if my chosen company name is already taken?
    If your preferred company name is already in use or does not meet the naming guidelines, you will need to submit alternative names. Our team will assist in checking availability and suggesting appropriate names.
  • How does a Private Limited Company protect my personal assets?
    In a Private Limited Company, shareholders' liability is limited to the amount they have invested in shares. This means your personal assets are protected in case the company faces financial difficulties.
  • Can I run my Private Limited Company from home?
    Yes, you can run your Private Limited Company from your home as long as the address is registered with the Ministry of Corporate Affairs as the official registered office of the company.
  • Is it necessary to have a physical office space to register a Private Limited Company?
    While you need a registered office address, it does not have to be a commercial space. It can be a residential address, as long as it is in India and all legal notices can be served there.
  • How many shareholders are required to form a Private Limited Company?
    A Private Limited Company requires a minimum of two shareholders and can have a maximum of 200 shareholders.
  • What is the role of a Director in a Private Limited Company?
    Directors are responsible for managing the day-to-day operations of the company, making strategic decisions, and ensuring compliance with legal and regulatory requirements.
  • Can I appoint a foreign national as a director in my Private Limited Company?
    Yes, foreign nationals can be appointed as directors in a Private Limited Company, provided they obtain a valid Director Identification Number and comply with other legal requirements.
  • What are the responsibilities of a shareholder in a Private Limited Company?
    Shareholders own a portion of the company through their shares and have the right to vote on major decisions, such as the election of directors and changes to the company's structure.
  • Can I transfer shares in a Private Limited Company?
    Yes, shares in a Private Limited Company can be transferred, but the process is more restricted compared to public companies. The transfer usually requires approval from the board of directors.
  • How does a Private Limited Company handle profits and losses?
    Profits earned by the company can be distributed to shareholders as dividends, reinvested in the business, or held in reserves. Losses are borne by the company, and shareholders are not personally liable.
  • What is the significance of the Memorandum of Association (MOA) and Articles of Association (AOA)?
    The MOA outlines the company’s objectives and scope of activities, while the AOA defines the internal rules for managing the company. Together, they form the company's constitution.
  • How does a Private Limited Company ensure compliance with regulatory authorities?
    A Private Limited Company must comply with various regulations, including filing annual returns, maintaining statutory records, and adhering to tax obligations. LPC Consultancy offers ongoing compliance services to help manage these responsibilities.
  • What are the options for raising capital in a Private Limited Company?
    A Private Limited Company can raise capital by issuing shares, obtaining loans, or seeking investments from venture capitalists, angel investors, or private equity firms.
  • How does a Private Limited Company maintain its perpetual succession?
    Perpetual succession means that the company continues to exist even if shareholders or directors change, ensuring continuity of business operations.
  • What role does the Registrar of Companies (ROC) play in company registration?
    The Registrar of Companies is the government authority responsible for registering companies, maintaining records, and ensuring that companies comply with legal requirements.
  • How do I ensure my Private Limited Company name is unique and compliant with regulations?
    Our team at LPC Consultancy will help you conduct a thorough search to ensure your chosen name is unique and compliant with the naming guidelines set by the Ministry of Corporate Affairs.
  • What are the common challenges faced during the registration of a Private Limited Company?
    Common challenges include name availability issues, document verification delays, and compliance with legal formalities. Our experts at LPC Consultancy help you navigate these challenges smoothly.
  • Can I convert my Private Limited Company into another business structure later?
    Yes, a Private Limited Company can be converted into another business structure, such as a public limited company or LLP, by following the legal process. LPC Consultancy can assist with the conversion process.
  • What are the tax implications for shareholders in a Private Limited Company?
    Shareholders in a Private Limited Company may be subject to tax on dividends received. Additionally, the company itself is subject to corporate taxes on its profits.
  • How does a Private Limited Company ensure confidentiality of its business operations?
    While a Private Limited Company must comply with public disclosure requirements, it can maintain confidentiality in certain areas, such as internal management practices and shareholder agreements.
  • Why should I choose LPC Consultancy to help register my Private Limited Company?
    LPC Consultancy offers personalized guidance, transparent pricing, and a commitment to timely and accurate service, ensuring your company registration process is efficient and stress-free.
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