The MCA has notified the “Companies (Registration Offices and Fees) Third Amendment Rules, 2018″, whereby Delay Fee/ Penalty of Rs. 5,000 for Filing e-Form DIR-3 KYC of Directors has been imposed under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, applicable w.e.f. 10 July 2018.
It may be noted that Ministry of Corporate Affairs (MCA) has mandated annual KYC for all directors, latest by 30 April each year (5 Oct. 2018 in the case of FY 2017-18) and has amended the Rules to impose a penalty of Rs. 5,000 for directors who fail to make timely compliance of this requirement.
MCA Notification dt. 5 July 2018: DIR-3 KYC Late Filing Fee Rs. 5,000
G.S.R. (E).-In exercise of the powers conferred by sections 396, 398, 399, 403 and 404 read with sub-sections (1) and (2) of section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Registration Offices and Fees) Rules, 2014, namely:-
1. (1) These rules may be called the Companies (Registration Offices and Fees) Third Amendment Rules, 2018. (2) Save as otherwise provided in these rules, they shall come into force with effect from 10.07.2018.
2. In the Companies (Registration Offices and Fees) Rules, 2014, in the Annexure, after item VI relating to Fees for Removal of Names of Companies from the Registrar of Companies under section 248 (2) of the Act, in the Annexure, the following item shall inserted, namely:-
“VII. FEE FOR FILING e-Form DIR-3 KYC under rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014.
|i) Fee payable till the 30th April of every financial year in respect of e-form DIR-3 KYC as at the 31st March of immediate previous year.||—|
|ii) Fee payable (in delayed case).||Rs. 5,000|
Note: For the current financial (2018-2019), no fee shall be chargeable till the 31st August, 2018 and fee of Rs. 5,000 shall be payable on or after the 1st September, 2018″
Note: The principal rules were published in the Gazette of India, Part II, Extra ordinary, Section 3, Sub-section (i) vide number G.S.R. 268(E), dated the 31st March, 2014 and subsequently amended by:-
Serial Number / Notification Number/ Notification Date
1. G.S.R. 297(E) 28-04-2014
2. G.S.R. 122(E) 24-02-2015
3. G.S.R. 438 (E) 29-05-2015
4. G.S.R. 493(E) 06-05-2016
5. G.S.R. 48(E) 20-01-2018
6 G.S.R. 435(E) 07-05-2018
MCA Extends Due Date for Form DIR 3 KYC of Directors
ICAI Advisory for Members on Submitting e-form DIR-3 (KYC of Directors) with FAQs by MCA
MCA Notifies the Format of e-Form DIR-3 KYC under Rule 12A (Directors KYC)
Is it applicable to company registered on or before 31st March 2018?