Director Identification Number (DIN)
The following article will discuss the concept of Director Identification Number (DIN) on the following points-
- What is DIN?
- Why is DIN required?
- How to obtain DIN?
- Which forms and attachments are required for obtaining DIN?
- How to surrender or cancel DIN?
- Which forms are related to DIN?
1. What is DIN?
DIN is a unique Identification Number allotted to an individual who is appointed as a director of a company, upon making an application in prescribed form to the MCA,
It is an 8-digit unique identification number which has a lifetime validity. Through DIN, details of the directors are maintained in a database.
Similar to a PAN, DIN is specific to a person, which means even if he is a director in 2 or more companies, he has to obtain only 1 DIN. And if he leaves a company and joins some other, the same DIN would work in the other company as well.
2. Why is DIN required?
Any person intending to become a Director in a Company or Designated Partner in a Limited Liability Partnership must obtain a DIN before his/her appointment as a Director or Designated Partner as the case may be.
In case of new company registration, the DIN need not be obtained separately but it is generated automatically upon approval of incorporation application.
3. How to obtain DIN?
DIN can be obtained by any person above the age of 18 years and fit to become a Director of any company as per the Companies Act, 2013.
4. Which forms and attachments are required for obtaining DIN?
There are two ways through which a person can obtain DIN-
a.) SPICe Form:
Application for allotment of DINs to the proposed first Directors in respect of New companies shall be made in SPICe form only.
b.) eForm DIR – 3:
Any person intending to become a director in an already registered company shall have to make an application in eForm DIR-3 alongwith prescribed fee to the Registrar of Companies (ROC) for allotment of DIN.
Attachments required for obtaining DIN-
Photograph, Identity proof, Residence proof, Verification (Name, father’s name, present address, date of birth, text of declaration and physical signature of the applicant)
In case of foreign nationals, they are required to submit their passport as an identity proof.
5. How to surrender or cancel DIN
a.) Surrendering of DIN-
In case where a person does not need the DIN anymore and desires to surrender it, he/she may file eForm DIR-5 alongwith prescribed fees to the ROC. It is to be ensured that the person needs to file a declaration alongwith the form stating that he has never been appointed as a director in the company and the said DIN has never been used for filing any document with any authority. Upon verifying the e-records, the central government will de-activate the DIN.
Note that, once a person is appointed as a director in any company as per the Companies Act 2013, he cannot relinquish his DIN in the future. Even if he doesn’t remain a director anymore in that company or in any other company, his DIN will exist as it is. In the above case, the DIN may be surrendered in special cases of the Director becoming lunatic, adjudicated insolvant(Bankrupt) or any other reason which the ROC may consider satisfactory.
b.) Cancellation of DIN-
The DIN can be cancelled at the discretion of the Central Government due to the following reasons-
i.) If a duplicate DIN has been issued to the director
ii.)DIN was obtained by fraudulent means
iii. On the death of the concerned person
iv.The person has been declared unsound mind by the court
v.The person has been adjudicated as insolvent
6. Which forms are related to DIN?
|
Form Number |
Purpose |
|
DIR-3 |
Application for DIN allotment |
|
DIR-3C |
Intimation of DIN by Company to the Registrar |
|
DIR-5 |
Application for surrendering DIN |
|
DIR-6 |
Application for changing details submitted in DIR-3 |
Note- We have not added SPICe Form to the list mentioned in point 6 above as its purpose is for incorporation of the company, DIN generation is not the sole purpose of the SPICe Form.
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