Consequences of non filing of DIR 3 KYC

[Mahesh Baheti]

Dear All,

What will be the consequences of non filing of DIR 3 KYC other than penalty of Rs. 5000/-.

Is there any difficulty to the company if any director has not filed his DIR 3 KYC.

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Regards,

Mahesh Baheti
Practicing Company Secretary
Pune (MH)

[Mahesh Baheti]

[Ramaswami Mohan]

I also had the same doubt.

However I feel that the Co cannot be penalised, as MCA is collecting Fees of Rs 5000 from the Director when he complies with DIR 3 KYC at a later date.

Views of others welcome. 

Regards, 

Mohan

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[Ramaswami Mohan]

Further DIR 3 KYC is individual Director centric and not for the Co to comply with

[CS V Kartik]

Non filing of KYC will lead to deactivation of DIN as KYC filing is the responsibility of the concerned director & not the company

[Sankesh Rajgor]

So, deactivation of DIN can not affect Company?

On Fri, Sep 14, 2018 at 9:14 PM CS V Kartik <karv...@gmail.com> wrote:

Non filing of KYC will lead to deactivation of DIN as KYC filing is the responsibility of the concerned director & not the company

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Thanks & Regards, 

Sankesh Rajgor.

Please consider your environmental responsibility, Before printing this e-mail message.

[surender singh]

May be deactivated DIN will effect Annual Filings.

[siddharth mittal]

Then what will be the procedure to get DIN activated.

Or RS. 5000 late fees will activate the DIN.?

[CS V Kartik]

As you are aware MCA is in the process of deactivating DIN's of those who have not filed KYC. So let's wait for 2-3 days & enjoy the suspense. If nothing happens in the coming week, then no other option than paying fees of ₹ 5,000/-

Secondly, we professionals should not bother about this late payment as that's something which the client has to bear. When we have alerted them repeatedly & if they provide the documents at the last moment, that's not our fault.

[Sitaram]

agree. but it is sad that the clients r losing money in many cases for no fault of theirs.

now i will have to pay the filing fee from my pocket and wait for reimbursement which will take time

On Sun 16 Sep, 2018, 20:54 CS V Kartik, <karv...@gmail.com> wrote:

As you are aware MCA is in the process of deactivating DIN's of those who have not filed KYC. So let's wait for 2-3 days & enjoy the suspense. If nothing happens in the coming week, then no other option than paying fees of ₹ 5,000/-

Secondly, we professionals should not bother about this late payment as that's something which the client has to bear. When we have alerted them repeatedly & if they provide the documents at the last moment, that's not our fault.

[Ramaswami Mohan]

Yes, true as to what Mr Karthik has stated in his mail.

It is not only with MCA site which was down with N number of modifications to Eforms, but the same happened with Income tax site and other government web sites (including GST) 

This imperfection is causing to all stake holders and practicing professionals. Many a times the stake holders, other that the practicing professionals, like Directors and tax payers are seldom aware of their obligations to comy with law. 

Only serious players and who are time bound can withstand such tough stand and all the rest will wither away, leaving a very serious negative sentiment in the commercial world.

I only hope better mature sense will prevail with the Government authorities to put in better and reasonable practices. 

Regards

Mihan

On Sun, 16 Sep 2018, 20:54 CS V Kartik, <karv...@gmail.com> wrote:

As you are aware MCA is in the process of deactivating DIN's of those who have not filed KYC. So let's wait for 2-3 days & enjoy the suspense. If nothing happens in the coming week, then no other option than paying fees of ₹ 5,000/-

Secondly, we professionals should not bother about this late payment as that's something which the client has to bear. When we have alerted them repeatedly & if they provide the documents at the last moment, that's not our fault.

[Ajay Kumar]

Server should be ready any time for filing. On due date MCA should support for filing. 

[Ramachandran V]

Sitaram - you should ask for advance from the client for the ROC fees. Why you should pay from your pocket and then claim reimbursement. If it is a small amount, i can understand but Rs.5000/- is not a small amount at all. I used to do it earlier in good faith but the client never bothers to pay us for months and sometimes years together. So now if the client does'nt pay in advance then the challan expires and they have to bear the brunt of increased fees. In one case, the client is not paying the ROC fees (this is annual fees) and twice i have allowed the challans to lapse and now it is incurring the Rs.100/- per day charge. 

Kartik - what you say is also correct. We have been following up with the clients since day 1 when the KYC came into force, but many directors never bothered until the very last day or so. So apne to tension nahi lene ka, we tried our best. 

V. Ramachandran

V.R. Associates

Company Secretaries

https://vramonline.wordpress.com/

[CS V Kartik]

Agree with what Ramachandran Sir said. Never pay the fees from your pocket, especially when it bears a heavy amount like ₹5,000/- in this case.

Just tell them that if any filing fee of ₹5,000/- is payable, the same can only be done subject to advance payment being made. Please proceed with the further formalities after you see the colour of the money in your account because most of the clients make fool promises saying that they will reimburse which they don't do it. So we professionals should never get involved in providing social services. At times, we need to strictly adhere to our policies.