Provisions of Director Identification Number (DIN) under Companies Act, 2013
1. Mandatory to have DIN for Directors
Every person who proposed to be appointed as a Director in any Company shall mandatorily have DIN
2. Application for allotment of DIN
Section- 153 and rule 9 of Companies (Appointment and qualification of Directors) Rules, 2014
He shall make an application in e-form DIR-3 to the Central Government for allotment of DIN;
3.Proviso to Section 153
In case any of any proposed company going to incorporate through the SPEIe format and the proposed director not having DIN, then in such case the particulars of maximum 3 directors shall be mentioned in SPICe and DIN may be allotted to maximum 3 proposed director through the SPICe.
4. Format of Application
Section 153 rule 9 of Companies (Appointment and qualification of Directors) Rules, 2014
The Application form shall be in form DIR-3
5 Attachments to the Application
Section 153 rule 9 of Companies (Appointment and qualification of Directors) Rules, 2014
a. A passport size photograph;
b. Proof of identity; i.e PAN, Voter ID
c. Proof of residence; i.e Aadhhar, Passport, if any
d. Board resolution for proposing his appointment as director in an existing Company;
e. His/Her duly verified signature;
6. Signing of Application (Form DIR-3)
Section 153 rule 9 of Companies (Appointment and qualification of Directors) Rules, 2014
The form shall be signed and submit by the applicant by using his or her DSC and shall also verified by the CS in full time employment or by the MD, or Director, or CEO, or CFO of the Company in which the applicant proposed to be appointed as director in an existing Company.
7. Where the applicant does not have last name
Section 153 rule 9 of Companies (Appointment and qualification of Directors) Rules, 2014
In such a case applicant shall mentioned the surname of his/her father or grandfather along with a declaration in Form 3A.
8Allotment of DIN Section 154
1. On submission of Application and payment of fees on mca portal an application number shall be generated by the system.
2. After that CG shall process the application received for allotment of DIN and on the basis of information the CG shall approve or reject the application and the same shall be communicated to the Applicant through the letter or through the E-mail within 1 months from the date of receipt of the application.
3. If CG found any defects or incompleteness in the application, CG shall give intimation of such defect and incompleteness, by placing it on website and by email to the applicant who has filed the application, directing the applicant to rectify the same. Otherwise CG shall reject the application.
4. The DIN allotted shall be valid for lifetime of the applicant and shall not be allotted to any other person.
9. Restrictions and prohibition to obtained more than 1 DIN Section 155
Any individual, who already have DIN shall not apply for obtain another DIN.
10. Intimation to Company Section 156
In case of Existing director shall , within a month from receipt of DIN from CG, intimate to the company in which he his director.
11. Intimation to ROC Section 157
Company within 15 days of receipt of intimation from the director furnish DIN of director to ROC in DIR-3C
12. Obligation to mentioned DIN Section 158
Every person or company, while furnishing any return, information or particulars, shall mention the DIN in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.
13. Surrender of DIN
Rule 11 of Companies (Appointment and qualification of Directors) Rules, 2014
DIN can be cancelled/deactivate by the CG on the basis of following grounds;
a. Obtained in wrongful and fraudulent manner;
b. in case of death of person;
c. In case of individual declared of unsound mind;
d. Individual has been adjudicated as insolvent;
e. in case of duplicate DIN, the same has been merged with other;
Before cancellation or deactivation an opportunity of being heard shall be given to the concerned person.
14. Application to CG for surrender of DIN
Rule 11 of Companies (Appointment and qualification of Directors) Rules, 2014
1. Application shall be made to the CG (RD);
2. Application shall be in form DIR-5 along with a declaration that he shall never been appointed as director in any company and the said DIN never been used for filling any document with any authority.
3. the CG, RD shall deactivate the DIN of an Individual who does not his particulars in form DIR-3 KYC or web service DIR-3-YC-WEB as the case be on or before 30th Sept. of immediate next financial year.
4. DIN can be reactivate by the CG, RD if Director has done his or her KYC along such late fees as prescribed.
Author Bio
