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Director KYC, Appointment & Resignation

Filing of DIR-3 KYC (Web/e-form), DIN reactivation, Director onboarding (DIR-2, DIR-12) and formal cessation/resignation filings.

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Statutory Provisions

Current Legal Framework & Regulatory Mandate

Corporate board governance, director onboarding, credential maintenance, and resignations are governed under Chapter XI (Sections 149 to 172) of the Companies Act, 2013 read with the Companies (Appointment and Qualification of Directors) Rules, 2014.

Procedural mandates:
  • DIR-3 KYC Web / e-Form: Governed by Rule 12A. Annual re-verification of personal contact details and DSC. Non-filing marks DIN as 'Deactivated due to non-filing of DIR-3 KYC'.
  • Director Appointment (Form DIR-12): Submission of consent in Form DIR-2, intimation of disqualification in DIR-8, MBP-1 disclosure of interest, and ROC filing within 30 days.
  • Director Resignation (Form DIR-11 & DIR-12): Resigning director intimates ROC in Form DIR-11; company files notice of resignation in Form DIR-12 with board resolution.
  • Board Quorum: Ensuring minimum 2 directors for Private Limited and 3 for Public Limited remain active at all times.

Statutory Overview

Governing Act: Companies Act, 2013 (Sections 149, 152, 168, Rule 12A, Forms DIR-3 KYC, DIR-11, DIR-12)
Government Portal: Ministry of Corporate Affairs (MCA V3) / Official Portals
Filing Authority: Registrar of Companies (ROC) / Central Board
Standard Turnaround: 3-5 Working Days

Prerequisites

Eligibility Criteria & Structural Minimums

Verification Checklist

Mandatory Document Checklist

Ensure clear self-attested copies to avoid departmental resubmission requisitions.

Director Checklist

  • •PAN Card
  • •Aadhaar / Passport (certified)
  • •Personal Mobile & Email OTP
  • •DSC Class 3
  • •Resignation Letter / Consent DIR-2

Workflow Architecture

5-Step Statutory Execution Flow

From initial digital signature verification to Certificate of Incorporation issuance.

1

DIN Status Verification on MCA Master Data

Processed digitally with real-time statutory portal verification.

2

DIR-3 KYC Web/E-Form Preparation with OTP

Processed digitally with real-time statutory portal verification.

3

Board Resolution & Consent DIR-2 Documentation

Processed digitally with real-time statutory portal verification.

4

Form DIR-12 / DIR-11 Filing on MCA V3

Processed digitally with real-time statutory portal verification.

5

MCA Approval & Updated Company Master Data

Processed digitally with real-time statutory portal verification.

Ongoing Governance

Post-Registration Compliance Schedule

Mandatory timelines following receipt of registration certificate.

Statutory Timeline Mandatory Compliance Action Section / Form Non-Compliance Penalty
September 30 Annually Annual DIR-3 KYC Filing Rule 12A DIN deactivation; ₹5,000 reactivation fee
Within 30 Days of Event Intimation of Appointment / Resignation Form DIR-12 (Section 152/168) Additional MCA late filing slab fees
Within 30 Days of Resignation Director Individual Resignation Notice Form DIR-11 (Section 168) Optional but recommended statutory record

Fee Transparency

Fee Structure & Stamp Duty Breakdown

Government stamp duties are computed based on state stamp laws.

Professional Fee ₹1,999
State Stamp Duty ₹5,000
GST (18%) ₹359
Estimated Total ₹7,358
Statutory Breakdown (Kerala · ₹10 Lakhs Capital): ₹1,999 (Prof) + ₹5,000 (Stamp Duty) + ₹359 (GST) = ₹7,358
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Estimates are indicative. Stamp duty rates are subject to change per state government notifications. Government fees are charged at actuals. Final invoice will reflect current applicable rates.

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