What is a DIN?
DIN is the short form of “Director Identification Number".
• A person in order to become a 'director' in a company or a 'designated partner' in a LLP compulsorily requires to have a DIN in his/her own name.
• DIN is quoted in writing at many important documents before issuing or filing such documents.
• An application for allotment of DIN to the Central Govt has to be made by using the MCA online platform by providing necessary documentary proofs and making payment of fees of Rs. 500.
• Application in Form DIR-3 is required to be signed by the person applying for it and certified by a practising professional like CA, CS or Cost Accountant or CS in employment or an existing director of the company where the person is proposed to be inducted.
• After verification of documents, application is approved and DIN is allotted.
Companies Act, 2013
Form DIR-3 is required to be filed in pursuance to the provisions of section 153 of the Companies Act, 2013 and Rule 9(1) of the Companies (Appointment and Qualification Of Directors) Rules, 2014. Refer them in detail before proceeding.
Documents for DIN
The Individual applying for the DIN has to provide for a signed verification letter, with a photograph copy in soft copy, email id, mobile no. with other general information.
i. Documentary Proof of Identity of applicant allowed:
> If Indian nationals - Income-tax PAN;
> If foreign nationals - passport;
In case of mismatch in date of birth, additional proof duly certified or attested should be provided.
ii. Documentary Proof of residence of applicant allowed:
> Aadhar, ration card, passport, voter i-card, driving license, electricity/telephone bill;
> If Indian applicant - documents should not be older than two months from Form filing date;
> If foreign applicant - address proof should not be older than one year from Form filing date.
Consult with the practising professionals on how to make DIN applications.
Non-Residents Directors
DIN is also mandatory for foreign national individuals, who are not citizens of India and those who are non-resident Indians, who intend to be Directors of Indian companies.
One time DIN
The DIN is to be obtained once in a lifetime and even on resignation of a director the DIN will not be cancelled.
Only a single DIN is required for an individual, irrespective of the number of directorships held by him/her in different companies.
The DIN is taken on reference wherever required for Statutory compliance purposes.
Intimation of changes in particulars specified in DIN application
In accordance with the provisions of Rule 12 of Companies (Appointment and Qualification of Directors) Rules, 2014, the DIN holders shall intimate to the Central Govt any changes in their personal particulars as earlier filed in Form DIR-3.
Within 30 days of such change(s), they have to file Form DIR-6 at MCA site. Necessary documentary proof and a verification statement in Form DIR-7 need to be attached. The form DIR-6 will be certified by a Practising Chartered Accountant or Practising Company Secretary or Practising Cost Accountant before filing.
After approval, the changes will be effected in the MCA system and reflect online to check.
Within 15 days, the DIN holders shall also intimate such changes to the entities where they are directors.
Cancellation or surrender or Deactivation of DIN
According to the provisions of Rule 11 of Companies (Appointment and Qualification of Directors) Rules, 2014, the cancellation or surrender or deactivation of DIN is carried out by the Central Govt or Regional Director (Northern Region), Noida.
Here are few of such circumstances under which this may happen:
i) more than one DIN for same individual;
ii) fraudulently or wrongfully DIN was obtained; (an opportunity of being heard will be given to the DIN holder)
iii) the person to whom DIN was allotted - has died;
iv) the person to whom DIN was allotted - is declared of unsound mind by a court;
v) the person to whom DIN was allotted - adjudicated as an insolvent;
vi) surrendering the DIN voluntarily by filing necessary forms.
In all such cases, the concerned authority will cancel the DIN only after carrying out detailed verification on the basis of proper documentary proofs.
Thanks very much for the useful information
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