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Deactivation of DIN due to non-filing of DIR-3-KYC: MCA imposes penalty of Rs. 50,000 on Director [Read Order]

A penalty of Rs. 50,000 was imposed on the director due to the non-filing of DIR-3-KYC, which resulted in the deactivation of DIN.

Deactivation of DIN - filing of DIR-3-KYC - MCA imposes penalty - Director - TAXSCAN
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Deactivation of DIN – filing of DIR-3-KYC – MCA imposes penalty – Director – TAXSCAN

In the recent order of adjudication passed by the Ministry of Corporate Affairs ( MCA ) Registrar of Companies, a penalty of Rs. 50,000 was imposed on the director due to the non-filing of DIR-3-KYC, which resulted in the deactivation of DIN.

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The Company SHRI RAM NIDHI LIMITED has been registered under the provisions of the

Companies Act on 27.10.2015. During the inquiry under Section 206(4) of the Companies Act, 2013, it was found that Mr. Durlabh Darshan Sharma’s DIN (073135579) was deactivated due to the non-filing of DIR-3 KYC. The adjudicating authority noted that this constitutes non-compliance with Rule 12A of the Companies (Appointment and Qualification of Directors) Rules, 2014, and is punishable under Section 450 of the Companies Act.

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Rule 12(A) of the Companies (Appointment and Qualification of Directors) Rules 2014 is as follows: "Every individual who has been allotted a Director Identification Number (DIN) as on 31st March of a financial year as per these rules shall submit e-form DIR-3-KYC to the Central

Government on or before 30th April of the immediate next financial year."

The order stated that the penalty must be paid via e-payment on the MCA website under "Pay miscellaneous fees" within 90 days of receiving this order, with proof of payment submitted to this office. An appeal can be filed with the Regional Director (Northern Region), Ministry of Corporate Affairs, New Delhi, within 60 days using Form ADJ, along with a certified copy of this order. If an appeal is filed, the Registrar of Companies, U.P., must be informed of the penalty and payment. Non-compliance may attract consequences under Section 454(8) of the Companies Act, 2013.

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This order was issued by Seema Rath, Registrar of Companies & Adjudicating Officer

Uttar Pradesh, Kanpur.

To Read the full text of the Order CLICK HERE

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