Rule, 2018

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub- Section (i)] Government of India

MINISTRY OF CORPORATE AFFAIRS

Notification G.S.R. (E).—In exercise of the powers conferred under second proviso to sub-section (1), sub-section (4), clause () of sub-section (6) of section 149, sub-section (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 of and section 170 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Government hereby makes the following rules further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely: -

1. (1) These rules may be called the Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2018.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. In the Companies (Appointment and Qualification of Directors) Rules,

(i) in the proviso to rule 12A, for the words and numbers "DIR-3 KYC on or before 31 s t August, 2018, the words and numbers "DIR-3 KYC on or before 15 th September, 2018 " shall be substituted.

(ii) in the Annexure, for Form No.DIR-3 KYC, the following Form shall be substituted:-

FORM NO.DIR-3-KYC

[Pursuant to rule 12A of The Companies (Appointment and Qualification of Directors) Rules, 2014] KYC of Directors Form Language Note- - All fields marked in * are mandatory fields - In case of Indian nationals, Income-tax Permanent Account Number (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN. In such cases, director details should be as per Income-tax PAN. In case the details as per Income-tax PAN are incorrect, director/designated partner is advised to first correct the details in Income-tax PAN. Refer instruction kit for details.

1. (a) "Director Identification Number(DIN)

(b) Name Pre-fill

2. * Director's name (Enter full name and do not use abbreviations)

(a) First name

3. 'Father's Name (Even married women must give father's name)

(a) First name

4. * Whether a citizen of India 0 Yes

5. 4 Nationality O No

6. • Whether resident in India O Yes

7. *Date of birth 0 No

8. Gender OMale

9. Income tax PAN

10. Do you have Aadhaar Aadhaar number 11.Voter's Identity card number OYes 0 No

12. * Do You have a valid passport OYes 0 No SPassport number

13. Driving license number

14. * Personal Mobile Number

15. " Personal Email ID

16. *Enter OTP for Mobile Number

17. "Enter OTP for Email ID Mobile Number Verify OTP Send OTP Do you have a permanent address outside India 0 Yes O No Line I Line II ik City State ISO country code Phone Pin code Fax Country 19.Whether present residential address is same as permanent residential address 0 Yes O No

20. Present residential address Line I Line II City State Pin code ISO country code Phone Fax Country Attachments: List of Attachments

1. r Proof of permanent address

2. Copy of Aadhaar Card

3. Copy of Passport

4. Proof of present address

5. Optional attachments, if any Attach Attach Attach Attach Remove attachment Verification I, hereby confirm and verify that the particulars given in the Form herein above are true and also are in agreement with the documents being attached to this form.

(i) The documents being attached to the Form DIR-3KYC belong to me. I further confirm that all required documents have been duly issued by the respective government authority and are being attached to the Form DIR-3 KYC and

(ii) I further confirm that the Mobile No and email ID belong personally to me and

(iii) I have not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or High Court or any other Court, and

(iv) I have no other allotted DIN other than DIN in which changes are intimated under section 154 of the Companies Act,2013 or a Designated Partner Identification Number under section 7 of the Limited Liability Partnership Act, 2008.

(v) I shall be liable under section 448 of the Act and under relevant provisions of the Indian Penal Code, 1860 and any other law as applicable, if any statement in this application is found to be false or any material fact is found to be have been omitted.

*To be digitally signed by Applicant DSC Certification I declare that I have been duly engaged for the purpose of certification/verification of this form. It is hereby certified that:

* I have satisfied myself about the identity of the applicant and his address based on the perusal of the original of the attached document.

Note: In case where the applicant is residing outside India the particulars have to be verified from the documents dulv attested by the attesting authority as prescribed. " I have verified and attested the documents of the applicant based on the Originals documents produced before me.

* All required attachments have been completely attached to this application * I have gone through the provisions of The Companies Act, 2013 and rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) fi om the original records maintained by the Company/applicant which is subject matter of this form and found them to be true, cor rect and complete and no information material to this form has been suppressed.

' I further certify that:

o ' Mobile No and ema'l ID belong to the applicant / Director signing the form. o * All the required attachments have been completely and legibly attached to this form; o " I have kept a copy of this form and attachments thereto, in my records for further reference o ' It is understood that! shall be liable for action under section 448 of The Companies Act, 2013 for wrong certifications, if any found at any stage.

To be digitally signed by 'Category DSC Box "Whether Associate or Fellow O Associate O Fellow "Membership Number Certificate of Practice Number Check Form Note: Attention is drawn to provisions of Section 448 and 449 which provide for punishment for false statement / certificate and punishment for false evidence respectively. This e-Form has been taken on file maintained by the register of companies through electronic mode and on the basis of statement of correctness given by the Director and professional. Note: The principal notification was published in the Gazette of India, March, 2014 and subsequently amended vide the following notifications:- Serial Number Notification Number Notification Date o 34<HI<H 0 ? T O ^ + q ^ r i * * ? r * * T <HH<M* armrr ^ # qf?* o (%.cfr.3TR iffi) o 9F.TT.

< — v - /—v r^ r\

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Companies Act, 2013