CS Shikha Mehra
2. The application shall be accompanied with a declaration on affidavit duly notarized that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority.
3. As the Form DIR-5 is physical form so Form DIR-5 will be attached in form RD-1 and filed with Regional Director.
Attachments of RD- 1:
The Central Government will check E-records.
After successful surrender of DIN, one should also apply to Company law Board (CLB) u/s 621A of Companies Act,1956 for Compounding of Contravention of Section 266G of Companies Act, 1956
Process of Compounding
1. Preparation of Application for Compounding- A petition is required to be prepared in form no. i of Companies (court) Rules, i959.
Following documents are required to be attached with petition:>
2. Filing of E-form GN8 is required to be filed with Registrar of Companies enclosing the detailed application (Petition) along with duly notarized Affidavit, Power of Attorney/ Memorandum of Appearance, Copy of notice received from Roc or any other competent authority
3. After Submission of E-form GNL1, physical application can be made to the CLB or RD as the case may be for compounding of offence.
4. Once the order of Compounding is passed, the same needs to be filed with the registrar of companies in e-form 1NC28.