ALL ABOUT DIRECTOR IDENTIFICATION NUMBER (DIN)

ALL ABOUT DIRECTOR IDENTIFICATION NUMBER (DIN)

Direcor Identification Number(DIN)

Director Identification Number (DIN) is 8 digit unique identification number allotted by the Central Government to any individual, intending to be appointed as a director or to any existing director of a company, for the purpose of his identification as a director of a company. “Director Identification Number” (DIN) includes “Designated Partner Identification Number” (DPIN) issued under section 7 of the Limited Liability Partnership Act, 2008 and rules made there under. According to the provisions of section 152(3) of the Companies Act, 2013, (hereinafter referred to as “the Act”) no person shall be appointed as director of a company unless he has been allotted the Director Identification Number.

Features of DIN

  • DIN has lifetime validity.
  • No individual can have more than one DIN (section 155 of the Act)
  • DIN remains the same no matter in how many Companies the individual is being appointed as a Director/ Designated Partner/ Partner as the case may be.

Why is it necessary to obtain DIN

Pursuant to section 158 of the Companies Act, 2013 every person or company while furnishing any return, information, particulars or application as are required to be furnished under the Act, shall mention the DIN in such return,information or particulars.

Procedure to Obtain DIN

Every individual intending to be appointed as a director of an existing company or LLP shall make an application electronically in form DIR-3, to the Central Government for allotment of DIN along with the prescribed fees.

DIN Requirement for appointment of Director

In case of an existing company

According to Sec 153 of the companies act, every individual who wishes to be appointed in an existing company /LLP and not having DIN shall make an application electronically in form DIR-3, to the Central Government for allotment of DIN along with the prescribed fees.

In case of company to be incorporated

In case, where the individual doesn’t have a DIN and intends to be appointed as a director of the Company which is yet to be incorporated can apply for obtaining DIN in SPICe+ Form. However, only three directors can apply for DIN during the incorporation of the company through incorporation Form SPICe+.

Time Period for Issuance of DIN

  • Generally in normal cases, if the form filed is complete and correct, DIN is alloted within  2-3 working days,however, it can take upto 1 month from the receipt of application in Form DIR-3.

Documents Required For DIN

In case of Indian National

  • Latest Passport Size photograph
  • Details such as Educational Qualifications, Email Id, Phone/Mobile Number, Current Occupation
  • Self Attested copy of PAN card
  • Self attested copy of Proof of residence such as Aadhar card, Driving License etc
  • Digital Signature of the Applicant

In case of Foreign National

DIN can be obtained by providing a copy of the foreign national passport that is notarised and apostilled. The passport copy attached for the foreign national DIN applicant must contain the date of birth of the applicant. If passport does not include date of birth, then an additional proof containing date of birth must be submitted, duly certified or attested.

Note: In case of application of DIN is made by any person who shares a land border with India, then no DIN shall be allotted until necessary security clearance from the Ministry of Home Affairs, Government of India, is attached to the DIN application.

Certification of DIR-3

  • Company Secretary in Practice
  • Director/ Company Secretary in full time employment/Manager/CEO/CFO/Designated Partner of the existing company in which the applicant is proposed to be appointed as director/designated partner as the case may be.

Compliances after obtaining DIN

  • Every individual who holds DIN as on 31st March of a financial year is required to submit e-form DIR -3 KYC for updating KYC details for the said financial year to the Central Government within 30th September every year.
  • Every individual who have previously filed form DIR-3 KYC and who does not require update in any of his KYC details as submitted, is required to perform his annual KYC by filing DIR-3 KYC WEB every financial Year within 30th September.

Consequences of Non-Compliance

DIN shall be de-activated of an individual who does not intimate his particulars in e-form DIR 3- KYC or the web service DIR-3 KYC-WEB as the case may be within the stipulated time period. The de-activated Din shall be re-activated only after e-form “DIR-3-KYC” or the web service “DIR-3-KYC-WEB” as the case may be is filed along with the prescribed fees of Rs. 5000.

Cancelaltion or Surrender or Deactivation of DIN

By the Government

The Central Government may cancel or deactivate the DIN in the following scenarios:

  • If a duplicate DIN has been issued to the director;
  • If the DIN was obtained in a wrongful manner or fraudulent means;
  • Upon death of the concerned individual;
  • The concerned individual has been declared as a person of unsound mind by a Competent Court;
  • The concerned individual has been adjudicated as insolvent.

Surrender of DIN

The DIN Holder can also surrender his DIN by making application in Form DIR-5 along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority. The Central Government upon verifying the e-records, shall deactivate the DIN.

Forms Related to DIN

Form DIR-3 This form is submitted for making Application for allotment of Director Identification Number before appointment in an existing company or LLP.
Form DIR -3 KYC WEB Every individual who have previously filed form DIR-3 KYC and who does not require update in any of his KYC details as submitted, is required to perform his annual KYC by filing DIR-3 KYC WEB every financial year.
Form DIR -3 KYC Every individual who holds DIN as on 31st March of a financial year is required to submit e-form DIR -3 KYC for updating KYC details for the said financial year to the Central Government within 30th September every year.
Form DIR-5 This form is filed when the person wants to surrender his/her DIN.
Form DIR-6 Any changes in the particulars of the Director/Designated Partner shall be filed in form DIR-6.

 

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