Director Identificaion Number (DIN)
The concept of a Director Identification Number (DIN) has been introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified.
Forms for DIN application and modification thereof:
- SPICe Form:Application for allotment of DINs to the proposed first Directors in respect of new companies shall be made in SPICe form only.
- DIR-3 Form: Any person intending to become a director in an existing company shall have to make an application in eForm DIR-3 for allotment of DIN.
- DIR-6 Form: Any changes in the particulars of the directors shall be filed in form DIR-6.
Any person (not having DIN) proposed to become a first director in a new company shall have to make an application through eForm SPICe. The applicant is required to attach the proof of Identity and address along with the application. DIN would be allocated to User only after approval of the form.
Any person intending to become a director in an existing company shall have to make an application in e Form DIR-3 and should follow the following procedure:
- 1 Supporting Documents:
Attach the photograph and scanned copy of supporting documents. i.e. proof of identity, and proof of residence as per the guidelines.
Physical documents are not required to be submitted at DIN cell.
- 2 Digital Signature
Form DIR-3 is mandatory to be signed by the Applicant and shall be verified digitally by a Company Secretary in full time employment of the company or by the Managing Director or Director or CEO or CFO of the existing company in which the applicant is intended to be appointed as a director.
- Fee Payment
Upon upload, make the payment of filing fee of eForm DIR-3. Only electronic payment of the fees shall be allowed (i.e. Net banking / Credit Card/Debit Card/Pay later/ NeFT).
The user is required to get himself / herself registered on the MCA21 Portal to obtain Login ID. Login to the MCA21 portal and click on ‘eForm upload’ link available under the ‘eForms’ tab for uploading the eForm DIR- 3.
eForm DIR-3 will be processed only after the DIN application fee is paid.
- 4 Generation of DIN
Upon upload and successful payment, in case Form DIR-3 details have not been identified as potential duplicate, Approved DIN shall be generated and if the details have been identified as potential duplicate, Provisional DIN shall be generated.
- 5 Verification of e Form:
In case, details of eForm DIR-3 are found as potential duplicate, the same gets routed to DIN cell for back office processing. Upon approval of the form, provisional DIN becomes approved DIN and would be available for further use.
- Intimating DIN to company
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.
The company will intimate RoC about DIN within 15 days from the date when the director intimates his DIN to the company.
Failure of the director to intimate DIN to the company or failure of the company to intimate RoC about DIN will result in penalties.
- Reasons for Surrendering or cancelling the DIN?
The Central government may cancel the DIN due to the following reasons:
- If a duplicate DIN has been issued to the director
- DIN was obtained by fraudulent means
- On the death of the concerned person
4.The person has been declared unsound mind by the court
5.The person has been adjudicated as insolvent
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.
- If there is any change in the particulars submitted in form DIR-3/SPICe with respect to Directors, applicant can submit e-form DIR-6. For instance, in the event of change of address of a director, he/she is required to intimate this change by submitting e-form DIR-6 along with the required attested document.