CS Shikha Mehra

CS Shikha Mehra1. Holder of duplicate DIN shall make an application for surrender with Regional Director in form DIR5.

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:

  • DIR-5
  • Self attested copy of PAN Card
  • Self attested copy of Passport
  • Affidavit of surrender of DIN + Board Resolution, if any

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:>

  •  Affidavits duly notarized.
  •  Board resolution authorizing director for filing petition.
  • Power of attorney / Memorandum of Appearance
  • Sometimes Copies of 3 years attested financial statements
  • Copy of agreement (if any)

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.

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One Comment

  1. ananth says:

    RD-1 cannot be filed by an individual since it mandates CIN number of the company without which the form cannot be filed. what is the way out.

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June 2021