Directors Identification Number (DIN)
- Blog|Company Law|
- 984 Views
- 3 Min Read
- By Taxmann
- Last Updated on 11 January, 2021
Company, being a legal entity, doesn’t have any physical appearance. To run its affair, natural persons are required. Directors are the individuals appointed to manage day to day affairs of company. Directors are the professionals who play an important role in running the company on behalf of the shareholders who appoint them. Directors are the officers of company. Every individual, who intends to become a director in a company or who already is director of company, is required to obtain Directors Identification Number (DIN) as per Companies Act, 2013. Rather the provisions of the Companies Act, 2013 mandate obtaining of DIN before appointment of an individual as a director of company and also mandates indication of DIN in any return, information or particulars wherein there is a reference of the Director or such return, information or particulars is related to the director.
What is DIN?
Director Identification Number (DIN) is a unique 8-digit number that is allotted by Central Government to the individuals who intend to become a director in a company or who already are directors of company. It is unique to the existence of every individual director i.e. the director does not have to obtain DIN to stand for the directorship of different companies. Perhaps, the provisions of Company Laws prohibit application for or possession of another DIN and contain the punishment for the individual/ director who contravenes this provision that includes imprisonment up to 6 months. DIN once allotted is valid for lifetime of a director until cancelled, surrendered or deactivated.
How to make application for allotment of DIN?
Making application for allotment of DIN is very simple. Section 153 of the Companies Act, 2013 read along with Rule 9 of the Companies (Appointment and Qualification of Director) Rules 2014 provides for the provision for applying for allotment of DIN. The following are the steps for DIN application: 1. Go to the Ministry of Corporate Affairs (MCA) website and follow this path- Home> MCA Services> E-Filing>Company Forms Download. 2. Download Form_DIR-3 and fill the form with required information and attach the copy of
- Identity proof;
- Proof of residence; and
- Specimen signature duly verified
3. After filling the form and attaching the required documents, sign the documents using Digital Signature Certificate (DSC) 4. Signed form has to be verified digitally by the director/ Company Secretary/ Manager, CEO/ CFO of the company. Earlier, it was verified by the practicing CA or CS or CMA. Application for allotment of DIN has to be filed with the prescribed fees.
How is DIN allotted?
The central government through its delegated authority process the application filed by an individual in Form DIR-3. Section 154 of the Companies Act, 2013 read along with Rule 10 of the Companies (Appointment and Qualification of Director) Rules 2014 provides for the provision for DIN allotment. As per these provisions, the processing of the application made for allotment of DIN is to be done within one month from the date of receipt of application along with the fees. The Central Government as part of DIN application processing approves/rejects and communicates the same to the applicant by post/electronically or by any other mode. In case of approval of the application submitted by an individual, Central Government communicates the DIN allotted to the applicant within a month.
What if the application for DIN allotment is rejected?
In case, the application for DIN allotment is rejected because of the wrong/ incomplete information provided therein, the Central government permits a time limit of 15 days to rectify it. Within the given 15 days, the applicant is required to file a fresh application as per the process explained above but no fee is required for filing such rectification. However, if the applicant fails to make the required rectification, the application becomes invalid and the fee paid thereon is forfeited by the Central Government.
How to make changes in details/ particulars in DIN?
Whenever there are changes in the details provided in Form DIR 3, the DIN holder is required to intimate such changes to the Central Government. To amend the existing details Form DIR- 6 is used. The DIN holder has to fill the Form DIR-6, verify it using Digital Signature Certificate (DSC) and get it digitally signed by the practicing CA or CS or CMA.
1. The director has to intimate about his DIN to all the companies where he is working as a director within one month from receiving DIN by the Central Government. 2. On receiving the intimation of DIN from director, the company will intimate about the DIN of the director to the Registrar of Company within 15 days. Failure to comply with these provisions leads to contravention of the law and are liable to punishment under the act.
Author Bio: Radhika Daga is a CA Final student. Connect with her on Linkedin @www.linkedin.com/in/radhikadaga.
Also Read: Director Identification Number e-KYC
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