Procedure for how to apply for DIN (Director Identification Number) and Surrender of DIN in form DIR-5 Application By Ekta Wadhwani


DIN/DPIN

  • DIN/DPIN means Director Identification Number / Designated Partner Identification Number.
  • It is 8 digit unique identification number.
  • Every individual intending to be appointed as Director/ Designated partner in a Company/ LLP incorporated or to be incorporated shall make an
  • Application to the Central Government (MCA) for allotment of DIN/DPIN.

APPLICATION OF DIN

Application for Allotment of Director Identification Number [Section 153 of the Companies Act, 2013]

  1. DIN can be applied for at the time of Incorporation of the Company in the SPICE form only (now SPICE+ form on MCA).* At once DIN Application for maximum 3 individuals can be made in the SPICE+ Form.(Read FAQ's)
  2. DIN allotment at time of appointment as Director of an existing Company- individual intending to be appointed as Director of an existing Company shall make an application for allotment of Director Identification Number to the Central Government in form DIR-3 on payment of fees of Rs 500.

*Read Notification & Procedure here

Important Points regarding application of DIN

  • For application of DIN at the time of Incorporation ONLY through SPICE+ form

Following documents and details are required:

  • proof of identity (i.e. PAN and Voter Id/ Driving License/ Passport)
  • proof of residence (i.e. Electricity Bill/ Mobile Bill/ Telephone Bill) not older than 2 months;
  • Mobile Number, E-mail id;
  • Citizenship, Nationality;
  • Education Qualification, Date of Birth, Gender, Occupation;
  • Present and permanent Address

For application of DIN through form DIR-3 (For existing Company/LLP wants to propose or appoint a Director/DP)

Following documents and details are required apart from the documents mentioned above:

  • Photograph in JPEG format ;
  • Board resolution proposing his appointment as Director in an existing Company;

Earlier Verification of applicant for application for DIN was required to be given in the form of an Affidavit pursuant to Section 153 and Rule 9 (3)(a)(iv) of Companies (Appointment and Qualification of Directors) Rules, 2014 in Form DIR-4 as an attachment to form DIR-3, but now it is not required as the same has been incorporated in the form itself.

Where the name of applicant 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 No. DIR-3A

  • Form DIR-3 shall be verified digitally by a Company Secretary in full time employment of the Company or by the Managing Director or Director or CEO or CFO of the Company in which the applicant is intended to be appointed as Director.
  • Central Government has delegated its powers and functions in respect of allotment of Director Identification Number under Sections 153 and 154 of the Companies Act 2013 to the Regional Director Northern Region, Delhi. Therefore, the power to deal with all the matters of DIN and the power to cancel DIN is also vested with RD Northern Region.
  • As per Section 154 of the Companies Act 2013 the Central Government shall, within one month from the receipt of the application under Section 153, allot a Director Identification Number to an applicant in such manner as may be prescribed.

Procedure for DIN Allotment as per Rule 10 Companies (Appointment and Qualification of Directors) Rules, 2014.

  1. On application by the Applicant for allotment of DIN along with the requisite fees an application number shall be generated by the system automatically and CG shall examine the application.
  1. if the Central Government, on examination, finds such application to be complete then DIN shall be allotted and communicated to the applicant by way of issue a DIN Allotment letter to the mail id of the Applicant within a period of one month from the receipt of such application.
  1. 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 directing the applicant to rectify by resubmitting the application within a period of fifteen days of such placing on the website and email, only one change for re-submission shall be given;
  1. The application shall be rejected or invalidated if:-
  • Re-submission has not been made in due time
  • Or where the defect has been rectified partially or the information given is still found to be defective
  • 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.

Therefore, kindly note that only one resubmission shall be allowed in Form DIR-3 to remove the defect or incompleteness on the failure of which form shall be rejected.

  1. The Director Identification Number so allotted by the Central Government is valid for the life-time of the applicant and shall not be allotted to any other person.

SURRENDER OF DIN
Pursuant to section 153 & rule 11(f) of Companies (Appointment and Qualification of Directors) Rules, 2014

As per Section 155: Prohibition to Obtain More than One Director Identification Number

No individual, who has already been allotted a Director Identification Number under section 154, shall apply for, obtain or possess another Director Identification Number.

  • DIN can be voluntarily surrendered in case it has never been used i.e. DIN holder has never been appointed as a Director in any Company or Designated Partner in an LLP and the said DIN has never been used for filling of any documents with any authority.
  • Only an Active DIN can be surrendered i.e. DIR-3KYC form for the applicant DIN must be filled in due time or with penalty of Rs 5000 in case of delay before filling the form DIR-5.
  • an individual who is in possession of Duplicate/Multiple DINs, he can retain the oldest DIN only. DINs obtained later have to be surrendered. Whereby the applicant holds directorship through his second DIN then RD shall migrate directorship of Second DIN on First DIN and then the second DIN shall be surrendered.

Reason of DIN Surrender

  • Having multiple DINs
  • DIN was obtained in a wrongful manner or by fraudulent means
  • Death of the concerned individual
  • Concerned individual is declared as a person of unsound mind by a competent court
  • Concerned individual has been adjudicated as insolvent
  • Concerned individual is/was not associated with any Company/LLP neither is intending to do so in near future

Application for surrender of DIN

Application for surrender of DIN in e-form DIR-5 can be filed with any reason mentioned above along with payment of fees of Rs. 1000 under the Companies (Registration Offices and Fees) Rules, 2014. This application will further be processed by RD Northern Region.

Attachments of e-form DIR-5:

  • Proof of Identity of applicant (Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card)
  • Proof of residence of applicant (passport/ voter identity card/ ration card/driving license/ Aadhaar Card / electricity bill or telephone bill {not be older than 2 months})
  • If any DIN is retained the, an Affidavit including declaration that retained DIN will be updated with all associated CIN/LLPIN shall be attached to the form.
  • Copy of death certificate, in case of death
  • Copy of court order declaring DIN holder as insolvent/unsound mind

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.

Signing/ Certification of the Form DIR-5:

Form shall be digitally signed by the applicant himself except for the following cases:

  • Death of the concerned individual;
  • Concerned individual is declared as a person of unsound mind by a competent court or;
  • Concerned individual has been adjudicated as insolvent.

The form DIR-5 requires certification by Chartered Accountant in whole time practice/ Company Secretary in whole time practice/ Cost Accountant in whole time practice

Grounds considered by RD for Voluntary Surrender of DIN:

Regional Director can cancel / surrender DIN in case of application for voluntary surrender of DIN by applicant after ensuring following conditions:

  • that the concerned person having DIN has never been appointed as Director in any Company or Designated Partner in LLP; and
  • the said DIN never been used for filing of any document with any authority.

CONCLUSION:

One who intends to be a Director of the Company of Designated Partner of an LLP must hold valid DIN. DIN once allotted shall be for the lifetime of the allottee. One person can hold only one DIN. All the power regarding DIN matters is vested in the hands of Regional Director Northern Region. In case a person has multiple DINs then he shall apply for the surrender of DIN obtained later to RD in form DIR-5. All the DIN holders have to file form DIR-3 KYC for the Active status of their DIN.

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Write a Comment

  • Really nicely written Ekta. Thank you for providing the detailed procedure, specially for surrender of DIN.

    29-02-2020 / 12:01:13 PM
    Reply