Surrender of Director Identification Number (DIN)
A Director Identification Number (DIN) is a unique number allotted to an individual who intends to become or who is a director of a Company.
Surrender of DIN
The Central Government or Regional Director (Northern Region), Delhi or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received along with fee as specified in Companies (Registration Offices and Fees Rules, 2014) from any person, cancel or deactivate the DIN in case:
- The DIN is found to be duplicate in respect of the same person provided the data related to both the DIN shall be merged with the validity retained number.
- The DIN was obtained in a wrongful manner or by fraudulent means.
- In case of death of the concerned individual.
- The concerned individual has been declared as a person of unsound mind by a competent Court.
- Where the concerned individual has been adjudicated an insolvent.
- Application can be made for surrender of DIN in E-form DIR-5 by the holder of DIN along with declaration that he/she never been appointed in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN.
As per Rule 11(f) –
When a person made application in DIR-5 for surrender of DIN to RD has to insure that:
- That he has never been appointed as director in any company.
- The said DIN never been used for filing of any document with any authority.
What is the Procedure for Filing E-form DIR-5?
Any person who wishes for surrendering a DIN can file E-form DIR-5 with MCA, following information that must be provided:
- DIN number held by the Applicant.
- Reasons for surrender of DIN.
- Whether DIN holder is retaining any DIN.
- Number of DIN(s) being surrendered by the applicant.
- DIN number to be surrendered.
- Digital Signature of the person surrendering the DIN.
- In case, the another related person can also sign Form DIR-5:
- E-form DIR-5 can also be filed or digitally signed by a relative of the person if the DIN holder has passed away or has been declared as a person of unsound mind by a competent court or the person has been adjudicated as insolvent.
What Documents are required?
- Proof of Identity: Identity proofs like Identity Card/Passport/ Driving License/ Aadhar Card /PAN card must be submitted.
- Proof of Address: Like passport, voter ID card, Ration car, Driving License, electricity bill, telephone bill in the name of the applicant.
Note: No Director can have multiple DIN, Every Director can have only one DIN. DIN can either be surrendered by Director or ROC can deactivate or cease DIN if opted through fraudulent practice.
Certification of E-form DIR-5:
Form must be signed by any of the following Practicing professionals:
- Company Secretary, Chartered Accountant or Cost Accountant.
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Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION.
Author- CS Aakansha Negi and can be contacted at csaakanshanegi@gmail.com
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