DIRECTOR’S IDENTIFICATION NUMBER(DIN) PROVISIONS

DIN is an 8 digit unique Director’s Identification Number which is allotted by the Central Government to any person intending to be a Director in a company or to an existing director of a company.

Even if a person is a director for one or more companies, he has to obtain only one DIN. In case, if he quits the company and would like to join another company the same DIN would apply.

In case, whenever a return, an application, or any information related to the company has to be submitted under any law, the director signing such a return, application, the director will mention his DIN underneath his signature.

Forms related to DIN:

• 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

How to apply for DIN? 

1.SPICe Form:

Application for allotment of DINs to the proposed first Directors in respect of New companies shall be made in SPICe form only.

2. DIR-3 Form:

Any person intending to become a director in an already existing company shall have to make an application in e-Form DIR-3 for allotment of DIN.

3. DIR-6 Form:

Any changes in the particulars of the directors shall be filed in form DIR-6

To apply for DIN, the above forms are to be filed electronically. It has to be digitally signed and then uploaded on the MCA21 portal http://www.mca.gov.in/mcafoportal/login.do.

Provisions of Director’s Identification Number (DIN) under Companies Act, 2013:

1. Every person who proposed to be appointed as a Director in any Company shall mandatorily have DIN
2. Under Section- 153 and rule 9 of Companies Rules, 2014 he shall make an application in e-form DIR-3 to the Central Government for allotment of DIN.
3. Proviso to section 153: Any proposed company is going to incorporate through the SPICe format and the proposed director not having DIN, then in such case the particulars of maximum 3 directors shall be mentioned in SPICe and DIN may be allotted to maximum 3 proposed director through the SPICe.
4. Format of Application: As per section 153 rule 9, the application format shall be in the form DIR-3.
5. Attachment to the Application:

• Passport size photograph;
• Proof of identity i.e PAN, Voter ID
• Proof of residence; i.e Aadhhar, Passport, if any
• Board resolution for proposing his appointment as director in an existing Company;
• His/Her duly verified signature;

6. Signing of the Application-

   The form shall be signed and submit by the applicant by using his or her Digital Signature Certificate (DSC) and shall also be verified  by the CS in full-time                 employment or by the MD, or Director, or CEO, or CFO of the Company in which the applicant proposed to be appointed as a director in an existing Company.

Allotment of DIN (Section 154):

1. On the submission of the Application and payment of fees on the MCA portal, an application number shall be generated by the system.

2. After that CG shall process the application received for allotment of DIN and on the basis of information the CG shall approve or reject the application and the same shall be communicated to the Applicant through the letter or through the E-mail within 1 month from the date of receipt of the application.

3. If CG found any defects or incompleteness in the application, CG shall give intimation of such defect and incompleteness, by placing it on the website and by email to the applicant who has filed the application, directing the applicant to rectify the same. Otherwise, CG shall reject the application.

4. The DIN allotted shall be valid for the lifetime of the applicant and shall not be allotted to any other person.

Intimation to Company Section 156

In case of Existing director within a month from receipt of DIN from CG, should intimate to the company in which he his a director.

Intimation to ROC Section 157

Company within 15 days of receipt of intimation from the director furnish DIN of director to ROC in DIR-3C

Obligation to mentioned DIN Section 158           

Every person or company, while furnishing any return, information or particulars, shall mention the DIN in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.

 Surrender of DIN

DIN can be cancelled/deactivated by the CG on the based of the following circumstances:

a. Obtained in a wrongful and fraudulent manner;

b. in case of death of a person;

c. In case of individual declared of unsound mind;

d. An individual has been adjudicated as insolvent;

e. in case of duplicate DIN, the same has been merged with other;

Before cancellation or deactivation, an opportunity of being heard shall be given to the concerned person.

Application to CG for the surrender of DIN

1. The application shall be made to the CG (RD)

2. The application shall be in form DIR-5 along with a declaration that he shall never be appointed as a director in any company and the said DIN never been used for filling any document with any authority.

3. The CG, RD shall deactivate the DIN of an Individual who does not his particulars in form DIR-3 KYC or web service DIR-3-YC-WEB as the case be on or before 30th Sept. of immediate next financial year.

4. DIN can be reactivated by the CG, RD if Director has done his or her KYC along with such late fees as prescribed.