E-Form DIR-3 is required to be filed pursuant to Section 153 of the Companies Act, 2014 & Rule 9(1) of the Companies (Appointment and Qualification of Directors) Rules.
Section 153:
Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may be prescribed.
Rule 9(1):
Every applicant, who intends to be appointed as director of an existing company shall make an application electronically in Form DIR-3, to the Central Government for allotment of a Director Identification Number (DIN) along with such fees as provided under the Companies (Registration Offices and Fees) Rules, 2014.
Rule 9(3) (b)
Form DIR-3 shall be signed and submitted electronically by the applicant using his or her own Digital Signature Certificate and shall be verified by a company secretary in full time employment of the company or by the managing director or director or CEO or CFO of the company in which the applicant is intended to be appointed as director in an existing company.
Specific Instructions to fill the e-Form DIR-3:
- Every individual intending to be appointed as director of an existing Indian company or the existing director who has not taken a DIN is advised to make an application for allotment of Director Identification Number (DIN).
- DIN is a unique number, and is mandatory requirement for a company/ limited liability partnership (LLP) for filing certain e-Forms.
- Government Fees Rs. 500/-
- E-Form DIR-3 is required to be signed by the applicant and by director/manager/CEO/CFO/Company secretary of an existing company.( Now Signature of Practicing Professional Like PCS, PCA and PCMS’s DSC is not required)
- If the e-Form DIR-3 is signed by company secretary /director/manager /CEO/CFO and is not identified as potential duplicate, then the same shall be auto approved by the system (STP) and sent for verification to the DIN cell. The status of DIN shall be Approved’.
- If the e-Form is signed by company secretary /director/manager /CEO/CFO of the existing company, and identified as a potential duplicate, then provisional DIN is allotted and same is sent for processing to the DIN cell. If the e-Form is not approved, then status of provisional DIN allotted is ‘Lapsed’ on rejection or invalidation of the e-Form as the case may be.
- If verification is not passed, an email is sent to the director for filing DIR-6 for making the desired changes.
Documents for the DIR-3 Application:
The following are the mandatory attachments to be filed in all cases:
- Proof of Identity of applicant
- In case of Indian nationals, Income-tax PAN is a mandatory requirement for proof of identity.
- In case of foreign nationals, passport is a mandatory requirement for proof of identity.
- Proof of residence of applicant
- Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or Aadhaar shall be attached and should be in the name of applicant only.
- In case of Indian applicant, documents should not be older than 2 months from the date of filing of the e-Form.
- In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the e-Form.
- Picture of the Applicant– attach on Photograph Box
Other Information:
- Mobile No and email address of the applicant
- Qualification of Applicant
- Occupation of the Applicant
Punishment for Contravention (Section-159):
If any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continues.
Changes after 26th January, 2018:
| Sr. No | Before 26th January, 2018 | After 26th January |
| 1. | Practicing Professional like PCS, PCA and PCMA may sign by DSC | Now only company secretary /director/manager /CEO/CFO of the existing Company. |
| 2. |
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