Director Identification Number (DIN) Application in Bangalore

Director Identification Number (DIN) Application in Bangalore

Introduction

A director is an employee of the shareholders of a company who is in charge of the management of a company. However, unlike other employees, there is something unique about holding the position of a director. You can be a director in more than one company at the same time, something that other employees cannot do. But given the amount of accountability that lies in the role of a director, the ministry of corporate affairs keeps a record of all persons who are directors in any capacity in any company and a record of how many companies a person is a director in the interest of robust corporate governance. And for this purpose the Ministry of Corporate affairs has put in place an identification system for all those people who are appointed as directors of a registered company. The idea of a Director Identification Number (DIN) was introduced by the MCA during the addition of Sections 266A to 266G of Companies (Amendment) Act, 2006. A DIN is registered to confirm the identity of the Directors in a company. In this article we will take an exhaustive look at the eligibility and the process of how to apply for DIN?

What is DIN?

A DIN is an eight-digit number that must be acquired by the new or would-be Directors and existing Directors of a company. The Directors must file a DIN application within the specified time period with the MCA. Learn how to apply for DIN efficiently, ensuring compliance and credibility.

The best part of DIN is that irrespective of the number of companies a person floats, they can use their DIN obtained for a lifetime. What it means is that the DIN is specific to the individual who has obtained it, and not for the company he/she has obtained it for.

The DIN directory will contain all information regarding the directors, such as their name, PAN number and also their present address. Any change in the address or other information needs to be updated immediately

                              

Where is DIN used?

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

Rules for obtaining DIN:

  1. In the case of new companies, first Directors up to number of 3 can apply for a DIN number only through the SPICe plus Form.
  2. In the case of already existing companies, the Directors can apply for a DIN number only through the DIR-3 Form.
  3. In case of already existing companies, the applicant director must attach a signature of any existing company director wherein he wants to get added.

DIN is mandatory for

  1. Private Limited Company
  2. One person Company
  3. Limited Liability Company (LLP)
  4. Public Limited Company

Required Documents for DIN Registration: -

  1. A recent color Passport size photograph of the Applicant.
  2. Proof of Identity like
    1. Voter ID
    2. Passport
    3. Driving License
    4. Aadhar Card
  3. Proof of residence
  4. Proof of  Date of Birth
  5. Evidence in the case of a single name as per the guidelines.
  6. Copy of passport in the case of foreign nationals.
  7.  Self-Attested PAN card copy
  8. E-mail ID
  9. Contact Number
  10. Digital Signature Certificate (DSC)

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 eForm 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).

Documents to be attached with the forms?

1. For SPICe Form:

Attach Proof of Identity and Address Proof. DIN would be allocated to an applicant only after approval of the form.

2. Form DIR-3:

a. Attachments:
  1. Photograph, Identity proof, Residence proof, Verification (Name, father’s name, present address, date of birth, text of declaration and physical signature of the applicant)
  2. In case of foreign nationals, they are required to submit their passport as an identity proof.

b. Documents to be attested by a CA or CS or CMA
  1. Photograph, identity proof and residence proof must be attested by a Chartered Accountant or a Company Secretary or a Cost Accountant, in whole time practice.
  2. In case of foreign nationals, their documents can be attested by Consulate of the Indian Embassy and Foreign Public Notary. 

After uploading DIR-3 and the supporting documents, the applicant will pay the fee in the next window screen. It has to be paid through net banking, credit card or NEFT. Manual(offline) payment is not allowed.

c. Generation of DIN

  1. Once the application fee is paid and the application is submitted, the system will generate an application number. Central Government will process the application and decide the approval/ rejection.
  2. If the DIN application is approved, the central government will communicate the DIN to the applicant within 1 month.
  3. If DIN application is rejected, it will e-mail the reason of rejection to the applicant and will also put the reason on the website. The applicant will get 15 days to rectify the reason. If he rectifies such reasons and is able to satisfy the central government, he will be allotted DIN otherwise central government will label the application INVALID.

d. Intimating DIN to company

  1. Within one month of receiving DIN from the central government, the director has to intimate about his DIN to all companies where he is a director. 
  2. The company will intimate RoC about DIN within 15 days from the date when the director intimates his DIN to the company. 
  3. Failure of the director to intimate DIN to the company or failure of the company to intimate RoC about DIN will result in penalties.

3. Form DIR-6

For changing any details mentioned in the DIR-3 form/ SPICe with respect to Directors, then Form DIR-6 has to be submitted online. With the form, the attested supporting document is also required to be submitted. 

Validity of DIN:

Once the DIN number is given to a Director, it does not require any reactivation or renewal and has lifetime validity. You just need to file KYC every year.

However, the MCA may deactivate or disqualify the Director if the Director or the company is in violation of any of the laws or, its guidelines or notifications.

The director can also surrender the DIN in Form DIR-5. With the form, he has to submit a declaration 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.




Created & Posted by Sony Garg

Accountant at TAXAJ

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ

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