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*FAILED TO FILE KYC ON TIME*
If you have failed to fle KYC then the DIN status must have been changed to ‘Deactivated due to non-filing of KYC’.
*The impact of non KYC by 5th October*
If a person fails to file Form DIR 3 KYC on or before October 5, 2018, he will be liable for Rs. 5,000 as a ROC Fees for filing of DIR 3 KYC
MCA has deactivated the DIN of the Individual who have failed to file the form which means that such persons will not be able to use his DIN for any purpose under Companies Act, 2013 Which means that a disqualified director will not be able to be appointed as a Director or resigned as a Director or even file any form for his change in designation with the registrar of Companies. Disqualified Director (Designated Partner) will not be able to file any form for his appointment, resignation in LLP as well
Also, the Company and/or LLP will not be able to file any forms containing DIN of the Individual whose DIN is DISABLED due to non-filing of DIR 3 KYC.
Further, there are many provisions of the Companies Act, 2013 and LLP Act, 2008 provides for requirement of Directors to sign documents under the respective Act with DIN. Now, with deactivation of DIN, an Individual will not be able to sign any documents under Companies Act, 2013 or LLP Act, 2008 in the capacity as a Director or Designated partner.
*The only Solution to come out of this mess*
There is no solution for non-filing DIR 3 KYC filing and deactivation of DIN except for filing of form as early as possible. File the form with ROC fees of Rs. 5,000/- and immediately on filing of Form the DIN status will be changed to ‘Active’. |
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