Sunday, August 2, 2015

DETAILS OF DIRECTOR IDENTIFICATION NUMBER

                             DETAILS OF DIRECTOR IDENTIFICATION NUMBER

Application for allotment of DIN:
                                   Every individual who is to be appointed as director of a company shall make an application electronically in FORM DIR-3.

                            Submission of application for the allotment of DIN through the portal on the website of the MCA (ministery corporate affairs).

                            The application should filled the FORM DIR-3 and signe the form after attaching copies of the following documents
1.       Photo graph.
2.       Proof of identity.
3.       Proof of residence.
4.       Verification by the appilicant for applying for allotment of DIN in FORM-DIR4.
5.       Specimen signature duly verified.

                         FORM DIR-3 shall be signed and submitted electronically by the applicant using his or her own digital signature certificate and shall be verified digitally by
1.       C.A. in practice, Company secretary in practice or a Cost Accountant in practice.
2.       A company secretary in full time employment of the company or by the managing director or director of the company in which the applicant is to be appointed as director.

Allotment of director identification number:
                                                                                On submission of FORM DIR-3 a provisional DIN is generated by the system automatically which shall not be utilized till the DIN is confirmed by the central government.

Central Govt. within one month from the date of generation of provisional DIN approve or reject the application and communicate the same by way of a letter by post or electronically or in any other mode.

All DIN allotted to individuals by the central Govt. before the commencement of these rules shall be deemed to have been allotted to them under these rules.

The DIN so allotted under these rules in valid for the life-time of the applicant and shall not be allotted to any other person.

Prohibition to obtain more than one DIN.

Director to intimate DIN:
                                                According to this sec every existing director shall, within one month of the receipt of DIN from the central Govt. intimate his DIN to the company or all companies wherein is a director.

Company to inform DIN to registrar:
                                                                                Every company shall give within 15 days of the receipt of intimation to the registrar or any other officer or automatically as may be specified by the central Govt.
Penalty for non-compliance:
                                                           For company =>  >=25000<=100000
        For every officer of the company in default=>  >=25000<=100000.

Obligation to indicate DIN:
                                                           Every person or company while furnishing any return , information or particulars on required to be furnished under the Act. Shall mention the DIN in such return, information, or particulars relate to the director or contain any reference of any director.

Punishment for contravention:
                                                           If any individual or director of a company, contravenes any of the provisions 152,155, and 156 such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to Rs 50000 and where the contravention is a continuing one, with a further fine which may extend to Rs 500 for every day after the first during which the contravention continues.

Cancellation or surrender or deactivation of DIN:
                                                                                                The central Govt. or regional director (Northern Region), Noida or any officer authorized b the regional director  may, upon being satisfied on verification of particulars or documentary proof attached with the application received from any person, cancel or deactivate the DIN in case-

1.       The DIN is found to be duplicated in respect of the same person provided the data related to both the DINs shall be merged with the validity retained number.
2.       The DIN was obtained in a wrongful manner ot by fraudulent means.
3.       Of the death of the concerned individual.
4.       The concerned individual has been declared as a person of unsound mind by a competent court.
5.       If the concerned individual has been adjudicated an insolvent.
6.       On an application made in FORM DIR-5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filling of any document with any authority, the Central Government may deactivate such DIN.

Intimation of change in particulars specified in DIN application:
                                                                                                                                Every individual who has been allotted a DIN under these rules shall, in the event of any change in his particulars as stated in FORM DIR-3, intimate such changes(s) to the central Govt. within a period of 30 days of such changes in FORM DIR-6.


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