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news 12 Sep 2022

Director Identification Number (DIN)

Director Identification Number (DIN)

No individual can be appointed as Director in any company without obtaining Director Identification Number (DIN). Section 153 of the companies Act, 2013 provides that every individual who wish to become a director in a company shall make application through Form DIR-3 for allotment of Director Identification Number.  This is a unique numeric number which is allotted to individual through which an individual can be appointed as director in one or more companies. One individual can be allotted only one DIN during his life time.

Earlier, every individual was allowed to make application for allotment of DIN. However, due to modification by Companies (Appointment and Qualification of Directors) Amendment Rules, 2018 the application through DIR-3 can be made by that individual who wish to be a director in an existing company. It means the application for allotment of DIN shall not be made without approval of existing company in which such individual intends to become director. While for newly incorporated company DIN shall be allotted to the individual who intends to be director through the Spice+ itself and no separate application is required to be made.

Documents required for allotment of DIN

The following Documents are required for filing of Form DIR-3

  1. Proof of Identity
  2. Proof of Address
  3. Photograph
  4. E-mail Id
  5. Mobile No.
  6. Digital Signature of the individual who intends to be director
  7. Board Resolution proposing his/her appointment in existing company
  8. Digital Signature of the director authorised by existing company making application

Change in DIN Particulars

In case where individual has been allotted DIN and there is any change in particulars. It is duty of the individual to intimate such changes in digitally signed Form DIR-6 with relevant documents.

Director KYC

  1.           Every Individual who holds a DIN as on 31st March of a financial year shall mandatorily submit e- form DIR-3-          KYC on or before 30th September of the immediate next financial year

            For example if Mr. X holds a DIN on 31st March 2022 then the DIR-3-KYC must be filed on or before 30th September 2022.

 

  1.           An individual who has already submitted e-form DIR-3 KYC of previous year and there is no change in his e-mail address and mobile number then such person can file Web form DIR-3 KYC web. This  web form is very simple and can be validated through One Time Pin (OTP) received on e-mail address and mobile number used in the previous filed DIR-3 KYC form. This is a part of annual KYC by accessing DIR-3 KYC web service.

            However, in case the individual desires to update e-mail address and/ or mobile number, he/ she may update the same by submitting e-form DIR-3-KYC only. This Form DIR-3- KYC shall be verified by the practicing professional like Chartered Accountant (CA) /Company Secretary (CS).

    

Cancellation/ Deactivation of DIN

DIN once allotted can be cancelled/ deactivated only in specific circumstances on the basis of verification of application received by the regional director. The circumstances under which the DIN can be cancelled/ deactivated are:

  1. DIN obtained by fraudulent means
  2. On death of individual concerned
  3. The concerned person has been declared as person of unsound mind
  4. The concerned person has been adjudges insolvent
  5. DIN is found duplicate, then no additional DIN shall be allotted
  6. On application of concerned DIN holder
  7. On non-filing of director KYC

Activation of DIN

  In case DIN has been deactivated due to non- filing of e-form DIR-3 KYC form the same can be activated  after fee of ` 5000/- (Rupees five thousands only) 

Consequences of Non-compliance

In case of failure to comply with the provision of DIN, the penalty may extend fee upto Rs. 50000/- (Rupees fifty thousands)