- Every individual intending to be appointed as director of an Indian company or designated partner of a limited liability partnership or the existing director/ designated partner who has not taken a DIN is advised to make an application for allotment of Director Identification Number (DIN).
- DIN is a unique number, and is mandatory requirement for a company/ limited liability partnership (LLP) for filing certain eForms.
- There is a fixed fee of Rs 500 for this eForm and it can only be paid through online mode (credit card/ internet banking). All the necessary documents shall need to be scanned and attached in the eForm and submitted online.
- eForm DIR-3 is required to be signed by the applicant and by either practicing professional or company secretary in whole time employment/director of the existing company.
- If the eForm DIR-3 is signed by the practicing professional and it is not identified as potential duplicate, then the same shall be auto approved by the system (STP) and sent for verification to the DIN cell. The status of DIN shall be ‘Approved’.
- If verification is not passed, an email is sent to the director for filing DIR-6 for making the desired changes.
- If the eForm is either signed by the practicing professional (identified as potential duplicate) or by company secretary /director of the existing company, then provisional DIN is allotted and same is sent for processing to the DIN cell. If the eForm is not approved, then status of provisional DIN allotted is ‘Lapsed’ on rejection or invalidation of the eForm as the case may be.
2. Provisions under the Companies Act, 2013
eForm DIR-3 is required to be filed pursuant to Section 153 of the Companies Act, 2013 & Rule 9(1) of the Companies (Appointment and Qualification Of Directors) Rules, 2014 which are reproduced for your reference.
Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may be prescribed.
Every individual, who is to be appointed as director of a company shall make an application electronically in Form No. DIR-3, to the Central Government for the allotment of a Director Identification Number (DIN) along with such fees as provided in the Companies (Registration Offices and Fees) Rules, 2014.
a. Proof of Identity of applicantIf eForm is digitally signed by a Chartered Accountant (CA) or Cost Accountant (CWA) or Company Secretary (CS) (in whole time practice) then the supporting documents attached shall be self-attested by the applicant.
b. Proof of residence of applicant
- In case of Indian nationals, Income-tax PAN is a mandatory requirement for proof of identity.
- In case of foreign nationals, passport is a mandatory requirement for proof of identity.
- Proof of identify enclosed with eForm 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 identity does not indicate the Date of Birth then additional proof of Date of Birth, duly certified/ attested, should be attached.
- Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar shall be attached and should be in the name of applicant only.
- In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
- In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.
If eForm is digitally signed by secretary (who is member of ICSI), in whole time employment or director of existing company then the supporting documents attached shall be either self-attested by the applicant or duly attested by either Public Notary or a Gazette Officer of a Government.
The attesting authority must indicate the following while attesting the documents:- (i) Signatures; (ii)Name in full in Capitals; (iii) Registration No.; and (iv) Seal/ Stamp.
In case, the director/ designated partner is residing outside India, then the attached supporting documents should be attested by the Consulate of the Indian Embassy, 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.
6. Intimation of changes in particulars specified in DIN application
Rule 12 of Companies (Appointment and Qualification of Directors) Rules, 2014:
(1) Every individual who has been allotted a Director Identification Number under these rules shall, in the event of any change in his particulars as stated in Form DIR-3, intimate such change(s) to the Central Government within a period of thirty days of such change(s) in Form DIR-6 in the following manner, namely;-
(i) the applicant shall download Form DIR-6 from the portal and fill in the relevant changes, attach copy of the proof of the changed particulars and verification in the Form DIR-7 all of which shall be scanned and submitted electronically;
(ii) the form shall be digitally signed by a chartered accountant in practice or a company secretary in practice or a cost accountant in practice;
(iii) the applicant shall submit the Form DIR-6;
(2) 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.
(3) The DIN cell of the Ministry shall also intimate the change(s) in the particulars of the director submitted to it in 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.
(4) 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.
7. Cancellation or surrender or Deactivation of DIN
Rule 11 of 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 from any person, cancel or deactivate the DIN in case -
(a) 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;
(b) the DIN was obtained in a wrongful manner or by fraudulent means;
(c) of the death of the concerned individual;
(d) the concerned individual has been declared as a person of unsound mind by a competent Court;
(e) if the concerned individual has been adjudicated an insolvent: Provided that before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual;
(f) 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:
Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records.
Explanation.- For the purposes of clause (b) -8. Important eForms
(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.
- Application for allotment of Director Identification Number: Form DIR-3
- Intimation of change in particulars of Director to be given to the Central Government: Form DIR-6
- A Report by a company to ROC for intimating the disqualification of the director: Form DIR-9
- Application for surrender of Director Identification Number: Form DIR-5
- Intimation of Director Identification Number by the company to the Registrar DIN services: Form DIR-3C