DIN to be mentioned with Director’s Signature (Section 158)
Now, Director’s name & DIN (Director Identification Number) has to be mentioned with their signature on all the documents to be signed in the capacity of director.
PENALTY: – Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 10,000/- and where the contravention is continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues.
IMMEDIATE ACTIONS TO BE TAKEN:-
One should ensure that DIN is written, wherever he is signing as Director of the Company.
During our practice we observed that Directors are not mentioning DIN even on Papers, Returns, Balance Sheet, Annual Return etc. they are filing with ROC, CLB or Regional Director while One should ensure that DIN is written, wherever he is signing as Director of the Company.
EXTRACT OF SECTION 158 OF THE COMPANIES ACT, 2013
Section 158 – Obligation to indicate Director Identification Number
Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.
Source- Compliances to Be Taken Care Of By Private Company under Companies Act 2013 – Article by CS Divesh Goyal
please tell me whose name to be shown in the company balance sheet with signed
all directors or only managing directors
Whether the requirement pertains only w.r.t. Directors signing the documents or the same has to be ensured for Companies other KMPs as well viz. CEO, CFO, CS.
is it necessary to mention CIN no, Email and Phone no in the Balance Sheet?
IT IS Compulsory Only In E-forms? OR In Every Physical Documents Also ?
i fully agree with what deepak ghangurde said.
I completely agree with the views of Mr. Deepak Ghangurde.
First para of the Article mentioning that “Director’s name & DIN has to be mentioned with their signature on all the documents to be signed in the capacity of director”, is not the correct interpretation of Section 158.
DIN is required to be mentioned only in Return, information or particulars as required to be furnished under the Companies Act 2013.
Further, Section 158 or 159 does not prescribe any penalty for contravention. Please clarify the penalty mentioned in this Article is prescribed under which section of Companies Act 2013.
Is this compulsory for MCA Fillings or on each and every documents,as
our company has already finlised books of accounts without DIN but still pending for uploading to MCA.
Is this compulsory for MCA Fillings or on each and every documents,as
our company has already finlised books of accounts without DIN but still pending for uploading to MCA.
Mr.Divesh very useful information thank you
Views of Mr. Deepak Ghangurde is correct. it should also keep in mind about about source of personal details.
Views of Mr. Deepak Ghangurde is correct. it should also keep in mind about about source of personal details.
Views of Mr. Deepak Ghangurde is correct. it should also keep in mind about about source of personal details.
In every document the person is singing in the capacity of Director and on behalf of the Company. That means he has to mention the DIN in all the documents he is signing.
Invite your attention to Section 158 of the Companies Act, 2013 which is reproduced in the Article. It can be clearly seen that the requirement of mentioning DIN is mandatory only in respect of any Return, Information or particulars which are required to be furnished under the Companies Act, 2013 ONLY and the requirement is mot IN RESPECT OF ALL THE DOCUMENTS SIGNED BY THE DIRECTOR as stated in the Article. The word “ALL” includes all and sundry documents such as the routine correspondence/letters, contracts which are not under the Companies Act, 2013, etc., which are signed by a Director of a Company. Request you to give a correct information and not a generalised information.
Suggestions
MCA may ask CCA to initiate process to encrypt DIN with DSCs alike encryption of PAN for income-tax purposes.
Is quoting DIN required only in case of filings with MCA? Is DIN not needed in case of correspondence with vendors, customers or banks?