REGISTRATION OF COMPANIES OR LLPS WHICH HAVE ONE OF THEIR OBJECTIVES TO DO BUSINESS OF ARCHITECT
Genesis – Representations are being received by the Ministry that Registrar of Companies and LLPs are incorporating companies in contravention of Section 36 and 37 of Architects Act, 1972, in terms of which only an architect registered with the Council of Architecture or a firm of Architects can represent itself as an architect or use the title and style of architect of practicing the profession of an Architect in India with the exceptions of landscape architect and naval architect.
Features of the Circular – It is directed that incorporation of companies and LLPs where one of the objects is to carry on the business of architect be not proceeded with till further orders.
INTEGRATION OF DIRECTOR’S IDENTIFICATION NUMBER (DIN) ISSUED UNDER COMPANIES ACT, 1956 WITH DESIGNATED PARTNERSHIP IDENTIFICATION NUMBER (DPIN) ISSUED UNDER LIMITED LIABILITY PARTNERSHIP (LLP) ACT, 2008
•Objectives - The Ministry of Corporate Affairs has noticed that its been issuing two separate identification numbers as DIN to an individual for becoming a director of a company under Companies Act, 1956 and DPIN for a designated partner in a Limited Liability Partnership under Limited Liability Partnership (LLP) Act, 2008 and in order to avoid this duplicity and to give ease to the stakeholders, the Ministry has decided to issue only one identification number to an individual for both the purposes, therefore, this circular was issued and circulated with a concept of integrating the Director’s Identification Number (DIN) issued under Companies Act, 1956 with Designated Partnership Identification Number (DPIN) issued under Limited Liability Partnership (LLP) Act, 2008 with effect from 9.7.2011.
•Effect of this Circular:-
- With effect from 9.7.2011, no fresh DPIN will be issued.
- Any person, who desires to become a designated partner in a Limited Liability Partnership, has to obtain DIN by filing e-form DIN-1.
- If a person has been allotted DIN, the said DIN shall also be used as DPIN for all purposes under Limited Liability Partnership Act, 2008.
- If a person has been allotted DPIN, the said DPIN will also be used as DIN for all the purposes under Companies Act, 1956.
- If a person has been allotted both DIN and DPIN, his DPIN will stand cancelled and his DIN will be used as DIN as well as DPIN for all purposes under Limited Liability Partnership Act, 2008 and Companies Act,1956.
- As per Circular no. 32/2011 dated 31.05.2011, the Ministry has made Income Tax Permanent Account Number (PAN) mandatory for obtaining DIN for Indian nationals. Further, all existing DIN holders, who have not furnished their PAN at the time of obtaining DIN, are required to furnish their PAN to theMinistry by filing e-form DIN-4 by 30th September, 2011.
- Similarly, all DPIN holders, who had not furnished their PAN at the time of obtaining DPIN, are required to furnish their PAN to the Ministry by filing e-form DIN-4 by 30th September, 2011, failing which their DPIN/DIN will be disabled and they will also be liable for heavy penalty.
Edited By: Team of B Mathur & Co.
Ms. Nikita Arora, Ms. Sonal Bajaj, Ms. Preeti Singh, Mr. Saurabh Saxena
8/3, 2 nd Floor, W.E.A, Karol Bagh, New Delhi-110005