In this Article, we will discuss on the concept of Director Identification Number (DIN) based on the frequently asked questions, The Concept of DIN was introduced in India through the insertion of Section 266A to 266G under Companies Act, 1956. To create a rich and authenticated database for Directors in India. This concept not only helped in fixing a single identity of directors also to co-relates their other directorship in past or present.
FAQ’S ON DIN- A MANDATORY REQUIREMENT TO BECOME A DIRECTOR
Q.1. What is the Director Identification Number (DIN)?
DIN is an 8-digit Unique Director Identification Number allotted by the Central Government to any person intending to become a Director/Designated Partner of a company/LLP.
Q.2. Who can apply for DIN?
Only Individual intending to become director/Designated Partner in a company/LLP can file an application for allotment of DIN. Individual may be resident in India or outside India.
Q.3. Is DIN Same as DPIN (Designated Partner Identification Details)?
Yes, DIN and DPIN are same. Only the terminology changes due to the designation of the individual. If an individual will be appointed as director, it is known as DIN. And for Designated partner, it is DPIN (Designated Partner Identification Number)
Q.4. Which form is required to file for acquiring DIN?
Application for allotment of DINs to the proposed first Directors in respect of new companies shall be made in SPICe form only.
Any person intending to become a director in an already existing company shall have to make an application in eForm DIR-3 for allotment of DIN.
Any changes in the particulars of the directors shall be filed in form DIR-6
Form DIR-3 is required to be filed for the allotment of DIN in case an individual is intending to be appointed as Director/Designated partner in an Existing company/LLP respectively.
In case, any person is intending to become a director in a new Company, is required to apply for the allotment of Director Identification Number only through Spice form at the time of incorporation.
Q.5. What are the supporting Documents required to be attached in FORM DIR-3?
i. Photograph of the applicant in jpeg format. ii. Id proof of the applicant in pdf Format
iii. Address proof of the applicant in pdf Format
iv.Board resolution of an existing company in which the individual is intending to be appointed as Director in pdf
Q.6. What is the procedure for allotment of DIN?
Steps to be followed to file the application in Form DIR-3 for allotment of DIN. Form DIR-3 is required to be filed online.
i. One can download form DIR-3 from the MCA portal under the head “Forms and Downloads”
ii. Extract the form in the folder.
iii. Fill the details like Name, father’s name, date of birth, education qualification, permanent address, present address, mobile number, email id of the applicant
iv. Attach the required documents mentioned above v. Put the detail of company in which individual is intending to be appointed as director, like CIN of the existing company and DIN of one of the directors of an existing company. vi. Affix the digital signature of the applicant and director of existing company
vii. Upload the form on the MCA portal and make payment.
viii. DIN will be allotted and mentioned in the paid challan of the form.
Q.7. What is the amount of fees and mode of Fee Payment for Form DIR-3?
Make the payment Rs. 500/- for the form DIR-3. Only electronic payment of the fees shall be allowed (i.e. Net banking /Credit Card/Debit Card/Pay later/ NeFT).
Q.8. When DIN will be allotted to the individual?
Upon upload and successful payment, in case of Form DIR-3 details have not been identified as potential duplicate, Approved DIN shall be generated and if the details have been identified as potential duplicate, Provisional DIN shall be generated.
In case, details of form DIR-3 are found as potential duplicate, the same gets routed to DIN cell for back-office processing. Upon approval of the form, provisional DIN becomes approved DIN and would be available for further use.
Q.9 DIN for Foreign Nationals and NRIs?
DIN for foreign nationals can be obtained by providing a copy of the foreign national’s passport that is notarized and apostilled. The passport copy attached for the foreign national DIN applicant must contain the date of birth of the applicant. If the passport does not include the date of birth, then an additional proof containing the date of birth must be submitted, duly certified or attested. Further, 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 the home country is also acceptable.
Q.10 Reasons for Rejection of a DIN?
The DIN application may get rejected due to the following reasons:
Required documents are not attached while submitting the application
The documents submitted are incorrect.
While filling the application form, wrong details are entered.
The details mentioned in the form, have discrepancies with respect to the details found in the proofs submitted.
Incorrect filing of the form. Example: If an individual is supposed to fill the SPICe form, but he accidentally fills the DIR-3 form.
Documents are not self-attested.
Rather the provisions of the Companies Act, 2013 mandate obtaining of DIN before appointment of an individual as a director of company and also mandates indication of DIN in any return, information or particulars wherein there is a reference of the Director or such return, information or particulars is related to the director & such DIN should be active by filling for DIR-3 KYC annually.
The entire contents of this article are solely for information purpose and have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation by the Author. Compliance Calendar LLP and the Author of this Article do not constitute any sort of professional advice or a formal recommendation. The author has undertaken utmost care to disseminate the true and correct view and doesn’t accept liability for any errors or omissions. You are kindly requested to verify and confirm the updates from the genuine sources before acting on any of the information’s provided hereinabove. Compliance Calendar LLP shall not be responsible for any loss or damage in any circumstances whatsoever.