AMENDMENT IN COMPANIES (DIN) RULES, 2006

Companies Director Identification Number (Second Amendment) Rules, 2011 – Amendment in rules 3, 4, 7 and substitution of Forms DIN-1 & DIN-4

NOTIFICATION [F. NO. 2/1/2011-CL.V], DATED 2-6-2011

G.S.R. 427(E). – In exercise of the powers conferred by clause (A) and (b) of sub-section (1) of section 642 read with sections 266A, 266B and 266E of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, further to amend the Companies (Director Identification Number) Rules, 2006 namely:-

1. Short title and commencement

(1) These rules may be called the Companies Director Identification Number (Second Amendment) Rules, 2011.

(2) They shall come into force with effect from 12th June, 2011.

2. In rule 3,‑

(i) In sub-rule (3), para (b), the word ‘can’ after the words ‘the form’, shall be substituted by the word ‘shall’:

(ii) In sub-rule (3), para (b), the words ‘or by the Managing Director or Director of the company in which the applicant intends to be a Director’ after the words ‘full time employment of the company’ to be deleted;

(iii) In sub-rule (3), para (d) to be deleted.

3. For rule 4, para (b), the following para (b) shall be substituted, namely:-

“(b) after successful payment of fee, the system after processing, shall automatically generate the approved DIN, except for cases where potential duplicates are identified. In potential duplicate cases, the provisional DIN shall be generated by the system.”

4. In rule 7,-

(i) In sub-rule (2), para (b), the word ‘needs’ after the word the form, shall be substituted by the word ‘shall’;

(ii) In sub-rule (2), after para (b), the following para (c) shall be inserted, namely:-

“(c) the form can also be digitally signed by a Company Secretary in full time employment of the company.”

(iii) For sub-rule (4), following sub-rule shall be inserted, namely:-

“(4) after successful uploading of Form No. DIN-4, the system after processing, shall automatically incorporate the changes in the particulars of the Director in the DIN database maintained by the Ministry, except for cases where potential duplicates are identified. In potential duplicate cases, the Central Government, shall examine the application as per procedure adopted in case of provisional DIN as given in rule 3, sub-rule 6, 7 and 8.”

5. For Forms DIN-1 and DIN-4, the following Forms shall be substituted, namely:-

Please Check for Format of DIN-1 and DIN-4 the notification attached at the bottom

—————-

Verification of applicant in case of Form DIN-1 as per Annexure 1 of the DIN rules

I, ……………………..(name of applicant), Son/Daughter* of …………………….. (applicant’s father’s name), born on ……………………. (date of birth), resident of ……………………………. (present residential address of the applicant) hereby confirm and verify that the particulars given in the Form DIN-1 are true and correct and also are in agreement with the document being attached to the Form DIN-1.

I further confirm that

(i) The photograph and document being attached to the Form DIN-1 belong to me. I further confirm that all required documents have been duly certified by the respective Government authority and are being attached to the Form DIN-1 and

(ii) I am not restrained/ disqualified/ removed of, for being appointed as director of a company under the provisions of Companies Act, 1956 including sections 203, 274, 284 and 388 (E) of the said Act and

(iii) I have not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or High Court or any other Court and

(iv) I have not been already allotted a Director Identification Number (DIN) under section 266B of the Companies Act, 1956.

(v) Mr./Ms………………… CA/CS/CWA in practice has been authorised to digitally sign DIN application on my behalf.

*Note: Strike out whichever is not applicable.

Signature:

(Name)

_______________________________

Verification of director in case of Form DIN-4 as per Annexure-2 of the DIN rules

I, ………………………. (name of director), Son/Daughter* of ……………………… (director’s father’s name), born on ……………………. (date of birth), resident of …………………………. (present residential address of the director) hereby confirm and verify that the particulars given in the Form DIN-4 are true and correct and also are in agreement with the document being attached to the Form DIN-4.

(i) I have applied for change* of:—

(a) Director Name (along with proof and in case of change of name a copy of Notification published in the Gazette)

(b) Father’s name (along with proof)

(c) Nationality (along with proof)

(d) Date of Birth (along with proof and in case of change in date of birth, copy of Notification published in the Gazette)

(e) Gender (along with proof)

(f) Income-tax Permanent Account Number (along with proof)

(g) Voters Identity Card Number (along with proof)

(h) Passport Number (along with proof)

(i) Driving License Number (along with proof)

(j) E-mail ID/ Mobile (along with declaration)

(k) Permanent residential address (along with proof)

(l) Present residential address (along with proof)

I further confirm that

(i) The photograph and document being attached to the Form DIN-4 belong to me. I further confirm that all required documents have been duly issued by the respective Government authority and are being attached to the Form DIN-4 and

(ii) I am not restrained/ disqualified/ removed of, for being appointed as director of a company under the provisions of Companies Act, 1956 including sections 203, 274, 284 and 388 (E) of the said Act and

(iii) I have not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or High Court or any other Court and

(iv) I have no any other allotted Director Identification Number (DIN) other than DIN in which changes are intimated under section 266B of the Companies Act, 1956.

(v) Mr./Ms……………………CA/CS/CWA in practice has been authorised to digitally sign DIN application on my behalf.

*Note: Strike out whichever is not applicable.

Signature:

(Name)

Download the Full Notification from the Link Given below:-

DIN_GSR_02 jun 2011

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Category : Company Law (3486)
Type : Notifications (15398) Notifications/Circulars (30679)

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