NOTE ON DIRECTOR IDENTIFICATION NUMBER
(DIN)
Power
of Central Government has been delegated to the Regional Director, Joint
Director, Deputy Director or Assistant Director posted in the office of
Regional Directors at Noida, Uttar Pradesh vide notification dated 21st
May, 2014 in respect of section 153 and 154 of the Companies Act, 2013.
APPLICATION FOR
ALLOTMENT OF DIRECTOR IDENTIFICATION NUMBER (DIN)
{Section 153 of the Companies Act, 2013 read with
rule 9 of the Companies (Appointment and Qualification of Directors) Rules,
2014}
Every
individual intending to be appointed as Director in an Indian Company or designated
partners of LLP is required to make an application to Central Government for
allotment of a unique identification, namely, Director Identification Number
(DIN) in the e-form DIR-3 along with the fees.
E-form
DIR-3 shall be filed with the following documents:
1.
Photograph,
2.
Identity
proof
3.
Proof
of residence
4.
Specimen
signature duly verified
The
above mentioned attachment except no. 4 of the applicant attached with the
e-form DIR-3 must be attested by the Chartered Accountant or the Company
Secretary or the Cost Accountant, in whole-time practice. The attesting
authority must indicate the following while attesting the documents:-
1.
Signatures;
2.
Name
in full in Capitals;
3.
Registration
No.; and
4.
Seal/
Stamp.
In case, the
Director/Designated Partner is residing outside India:
The
supporting documents should be attested by the Consulate of the Indian Embassy
and Foreign public notary. In case of Director, supporting documents can also
be attested by Company secretary in full time employment/CEO/Managing director
of the Indian company in which he / she proposed to be a Director.
The following
are the mandatory attachments to be filed in all cases:
1.
Proof
of Identity of applicant
a.
In
case of Indian nationals, Income-tax PAN is a mandatory.
b.
In
case of foreign nationals, passport is a mandatory.
Note: Proof of identify enclosed with e-Form DIR-3
should also contain the date of birth of the applicant and the same should
match the date of birth filled in the application form. In case the proof of
identify does not indicate the Date of Birth then additional proof of Date of
Birth, duly certified/ attested, should be attached.
2.
Proof
of residence of applicant
a.
Address
proofs like passport, election (voter identity) card, and ration card, driving
license, electricity bill, telephone bill or Aadhar
Note: In case of Indian applicant, documents should
not be older than 2 months from the date of filing of the e-Form. In case of
foreign applicant, address proof should not be older than 1 year from the date
of filing of the e-Form.
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. In the case of foreign nationals,
translation done by the notary of home country is also acceptable.
In case the name of a person does not have a last name, then
his or her father's or grandfather's surname shall be mentioned in the
last name along with the declaration in Form DIR-3A.
ALLOTMENT
OF DIN
{Section 154 of the Companies Act, 2013 read with
rule 10 of the Companies (Appointment and Qualification of Directors) Rules,
2014}
On the
submission of the e-form DIR-3 on
the portal and payment of the requisite amount of fees an application
number shall be generated by the system automatically.
After
generation of application number,
the Central Government shall process the applications received for allotment of
DIN, decide on the approval or rejection thereof and communicate the same to
the applicant along with the DIN allotted in case of approval by way of a
letter by post or electronically or in any other mode, within a period of one
month from the receipt of such application.
If the
Central Government, on examination, finds such application to be defective or
incomplete in any respect, it shall give intimation of such defect or
incompleteness, by placing it on the website and by email to the applicant who
has filed such application, directing the applicant to rectify such defects or
incompleteness by resubmitting the application within a period of 15 days of
such placing on the website and email
The Central
Government shall -
1.
reject the application and direct the applicant to file
fresh application with complete and correct information, where the defect has
been rectified partially or the information given is still found to be
defective;
2.
treat and label such application as invalid in the
electronic record in case the defects are not removed within the given time;
and
3.
Inform the applicant either by way of letter by post or
electronically or in any other mode.
In case of
rejection or invalidation of application, the fee so paid with the application
shall neither be refunded nor adjusted with any other application.
The Director
Identification Number (DIN) so allotted is valid for the life-time of the
applicant and shall not be allotted to any other person.
INTIMATION OF DIN TO COMPANY
{Section 156, Section 157, Section 159 of the
Companies Act, 2013 read with rule 10(A) of the Companies (Appointment and
Qualification of Directors) Rules, 2014}
Every
director, functioning as a director in one or more companies on or before the
30th June, 2007 and who has not yet intimated his DIN to such company or
companies shall, within one month of the receipt of Director Identification
Number from the Central Government, intimate his Director Identification Number
to the company or all companies wherein he is a director as per Form DIR-3B.
If any
individual or director of a company contravenes the above provisions, such individual or director of the
company shall be punishable with imprisonment for a term which may extend to 6
months or with fine which may extend to Rs. 50,000/- and where the
contravention is a continuing one, with a further fine which may extend to Rs.
500/- for every day after the first during which the contravention continues.
The
intimation by the company of Director Identification Number of its directors
shall be furnished in e-form DIR-3C within
15 days of receipt of intimation under form DIR-3B.
If a company fails to furnish
Director Identification Number before the expiry of the 270 days as per section 403 with
additional fee, the company shall be punishable with fine which shall not be
less than Rs. 25,000/- but which may extend to Rs. 1 Lakh and every officer of
the company who is in default shall be punishable with fine which shall not be
less than Rs.25,000/- but which may extend to Rs. 1 lakh.
OBLIGATION TO INDICATE DIRECTOR IDENTIFICATION NUMBER
{Section 158 of the Companies Act, 2013}
Every person or company, while furnishing any return,
information or particulars as are required to be furnished under the Companies Act,
2013, 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.
INTIMATION
OF CHANGES IN PARTICULARS SPECIFIED IN DIN APPLICATION
{Rule 12 of the Companies (Appointment and
Qualification of Directors) Rules, 2014}
Every
individual who has been allotted a Director Identification Number shall, in the
event of any change in his particulars as stated in e-Form DIR-3, intimate such change(s) to the Central Government
within a period of 30 days of such change(s) in e-Form DIR-6 along with copy
of the proof of the changed particulars.
The Central
Government, upon being satisfied, after verification of such changed
particulars from the enclosed proofs, shall incorporate the said changes and
inform the applicant by way of a letter by post or electronically or in any
other mode confirming the effect of such change in the electronic database
maintained by the Ministry.
The DIN cell
of the Ministry shall also intimate the change(s) in the particulars of the
director submitted to it in e-Form DIR-6 to
the concerned Registrar(s) under whose jurisdiction the registered office of
the company(s) in which such individual is a director is situated.
The
concerned individual shall also intimate the change(s) in his particulars to
the company or companies in which he is a director within 15 days of such
change.
PROHIBITION TO OBTAIN MORE THAN ONE DIN
{Section 155 and Section 159 of the Companies Act,
2013}
No individual, who has already been allotted a
Director Identification Number shall apply for, obtain or possess another
Director Identification Number.
If any
individual or director of a company contravenes the above provisions, such individual or director of the
company shall be punishable with imprisonment for a term which may extend to 6
months or with fine which may extend to Rs. 50,000/- and where the
contravention is a continuing one, with a further fine which may extend to Rs.
500/- for every day after the first during which the contravention continues.
CANCELLATION
OR SURRENDER OR DEACTIVATION OF DIN
{Rule 11 of the Companies (Appointment and
Qualification of Directors) Rules, 2014}
The Central
Government or Regional Director (Northern Region), Noida or any officer
authorised by the Regional Director may, upon being satisfied on verification
of particulars or documentary proof attached with the application received along with fee as specified in
Companies (Registration Offices and Fees) Rules, 2014 from any person, cancel or deactivate
the DIN in case-
1.
the DIN is found to be duplicated in respect of the
same person provided the data related to both the DIN shall be merged with the
validly retained number;
2.
The DIN was obtained in a wrongful manner or by
fraudulent means, but before cancellation or deactivation of DIN an opportunity
of being heard shall be given to the concerned individual.
3.
of the death of the concerned individual;
4.
the concerned individual has been declared as a person
of unsound mind by a competent Court;
5.
If the concerned individual has been adjudicated an
insolvent.
6.
on an application made in Form DIR-5 by the DIN holder to surrender his or
her DIN along with declaration 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, the Central Government may deactivate such DIN, but before
deactivation of any DIN in such case, the Central Government shall verify
e-records.
Note: Application in Form DIR-5 along
with the prescribed fee and along with the proof of identity, proof of
residence, affidavit, letter of authorisation, petition, affidavit verifying
the petition and such other required documents shall be filed physically to the
Regional Director, Noida.
Explanation: For the purposes of
clause (2) -
(i) the term
"wrongful manner" means if the DIN is obtained on the strength of
documents which are not legally valid or incomplete documents are furnished or
on suppression of material information or on the basis of wrong certification
or by making misleading or false information or by misrepresentation;
(ii) The term
"fraudulent means" means if the DIN is obtained with an intent to
deceive any other person or any authority including the Central Government.
PUNISHMENT
Company
and every officers in default shall be punishable with fine which shall not be
less than Rs. 50,000/- but which may extend to Rs. 5 Lakh.
Contact Details:
VISHAL SHARMA
Company Secretary
Mob: 9716763754
Email: csvishalpbs@gmail.com
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Disclaimer: The Content is prepared on the basis of our general understanding and on the basis of relevant provision of Companies Act, 2013 read with rules made there under. The whole content is only for the knowledge sharing purpose, we do not take any responsibility for the correctness of the same.
Disclaimer: The Content is prepared on the basis of our general understanding and on the basis of relevant provision of Companies Act, 2013 read with rules made there under. The whole content is only for the knowledge sharing purpose, we do not take any responsibility for the correctness of the same.
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