Summary: The material outlines the governing provisions and procedures relating to Director Identification Number (DIN) cancellation, surrender and auto deactivation under the Companies Act, 2013. It refers to Section 153 of the Companies Act, 2013 and Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014. It explains circumstances in which the DIN may be cancelled or deactivated, including duplication, wrongful or fraudulent obtainment, death, declaration of unsoundness of mind and insolvency, and states that an opportunity of being heard is required before cancellation or deactivation on the ground of wrongful or fraudulent obtainment. The material also sets out the Form DIR-5 procedure for surrender of DIN, including required attachments and verification by the Regional Director. It further explains auto deactivation where stipulated DIR-3-KYC compliance is not completed and the subsequent reactivation process. The material notes changes effective from 31 March 2026 concerning the frequency and timing of DIR-3-KYC-Web filing, updating of personal details and certification requirements.
A. Governing Provisions of Companies Act, 2013
1. Section 153 of the Companies Act, 2013
2. Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014
B. Procedure
1. Cancellation/Deactivation of DIN
The Central Government or Regional Director (Northern Region), Noida or any officer authorized by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received along with fee, cancel or deactivate the DIN in case –
a. the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;
b. the DIN was obtained in a wrongful manner or by fraudulent means;
c. of the death of the concerned individual;
d. the concerned individual has been declared as a person of unsound mind by a competent Court;
e. if the concerned individual has been adjudicated as an insolvent:
Provided that before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual;
2. Surrender of DIN
To surrender a DIN, the individual must file e-Form DIR-5 with the Ministry of Corporate Affairs (MCA).
Attachments Required in DIR-5:
- Proof of identity (Self-attested PAN, Passport, etc.)
- Proof of residence
- Affidavit including declaration that retained DIN will be updated with all CIN/LLPIN association.
- Copy of death certificate (in case of deceased individual)
- Court order (in case of unsound mind or insolvency)
Verification and Approval by Regional Director (RD)
Once DIR-5 is filed:
- MCA verifies the form and attached documents.
- On satisfaction, the CG may approve the surrender of the DIN.
3. Auto Deactivation of DIN
Director Identification Number (DIN), of an individual gets deactivated who does not intimate his particulars in e-form DIR-3-KYC or the web service DIR-3-KYCWEB as the case may be within stipulated time in accordance with rule 12A.
The de-activated DIN shall be re-activated only after e-form DIR-3-KYC or the web service DIR-3-KYC-WEB as the case may be is filed along with fee as prescribed
IMPORTANT POINT TO BE NOTED:
- Effective from 31 March 2026, the Ministry of Corporate Affairs has amended the director KYC compliance so that every individual holding a Director Identification Number (DIN) must file KYC once every three consecutive financial years in Form DIR-3-KYC-Web by 30 June of the relevant year, replacing the earlier annual requirement;
- The same web form is used for KYC filing, updating details, and DIN reactivation.
- Any change in mobile number, email ID, or address must be updated within 30 days
- DSC and professional certification are required only when updating personal/contact details.
C. Steps Not Applicable to Private Companies
There are no specific exemptions available as per type of company.
