DIN (Director Identification Number) is a unique Identification Number allotted to an individual who is appointed /proposed to be appointed as a director of a company or designated partner in a Limited Liability Partnership (LLP).
In the case of a new company, an application for allotment of DIN shall be made only through SPICe + (Simplified Proforma for Incorporating Company electronically Plus) Part B at the time of its incorporation.
In the case of a new LLP, an application for allotment of DIN shall be made only through FiLLip (Form for incorporation of Limited Liability Partnership) at the time of its incorporation.
Under the Provisions of Limited Liability Partnership Act, 2008:
As per the Provisions of Section 7(6) of Limited Liability Partnership Act, 2008:
Every designated partner of a limited liability partnership shall obtain a Designated Partners Identification Number (DPIN) from the Central Government and the provisions of sections 153 to 159 (both inclusive) of the Companies Act, 2013 shall apply mutatis mutandis for the said purpose.
As per the provisions of Rule 10 of Limited Liability Partnership Rules, 2009:
Every individual, who intends to be appointed as a designated partner of an existing limited liability partnership, shall make an application electronically in Form DIR-3 under the Companies (Appointment and Qualifications of Directors) Rules, 2014 for obtaining DPIN under the Limited Liability Partnership Act, 2008 and such DIN shall be sufficient for being appointed as designated partner under the Limited Liability Partnership Act, 2008.
Under the provisions of Companies Act, 2013:
Every individual desirous to be appointed as director of a company or designated partner in any existing Limited Liability Partnership (LLP) shall make an application in Form DIR-3 with the relevant documents for the allotment of Director Identification Number (DIN) before his appointment as a director in an existing company or designated partner in any existing LLP.
Pre-requisite- Digital Signature of the applicant
Relevant documents:
- Photograph
- Proof of identity
In case of Indian nationals-Income-tax PAN
In case of foreign nationals-Passport
- Proof of residence
Validity of the Documents in case of:
- Indian applicant-2 months
- Foreign applicant-1 year
In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal.
Further, As per the provisions of Companies (Appointment and Qualifications of Directors) Rules, 2014, every individual who has been allotted DIN as on 31st March of a financial year would be mandatorily required to file Form DIR-3 KYC before 30th September of the immediately next financial year.
Failing on which, system will mark all non-compliant DINs against which DIR-3 KYC form has not been filed as ‘Deactivated due to non-filing of DIR-3 KYC’.
| Event | Whether Form DIR-3 KYC is required to be filed |
| First time after the allotment of DIN | Yes |
| Second time and onwards | No, the individual may use the web service to verify OTP from his mobile number and e-mail address. |
As per Rule 12 of Companies (Appointment and Qualifications of Directors) Rules, 2014, every individual who has been allotted a Director Identification Number, in the event of any change in his particulars as stated in Form DIR-3, intimate such change(s) within a period of thirty days of such change(s) in Form DIR-6.
The concerned individual shall also intimate the change(s) in his particulars to the company or companies in which he is a director within fifteen days of such change.
However, in case an individual holding DIN desires to change his personal mobile number or the e-mail address, he shall update the same by submitting Form DIR-3 KYC only.
Update:
Effective from 31st August 2022, Director KYC, Charge & Deposit forms for Companies are required to be filed in Version 3 post log in on the MCA21 V3 Portal.
In the V2 version, forms are required to be filled and uploaded in the portal while in the V3 version, the forms are required to be filled online.
The updated formats of DIR-3-KYC and DIR-3-KYC-WEB have been notified by the Ministry of Corporate affairs vide its notification dated 29th August, 2022.
It is yet to see how these forms perform on the V3 portal of MCA, which on its own is a new interface for the stakeholders.
Reference:
Companies Act, 2013
Companies (Share Capital and Debentures) Rules, 2014
Limited Liability Partnership Act, 2008
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