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DIN to be mentioned with Director’s Signature compulsorily wef 01.04.2014

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

Categories: Company Law

View Comments (15)

  • 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.

  • 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.

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