Director Identification number [section 153-159]
No person shall be appointed as a director of a company unless he has been allotted the Director Identification Number under
section 154 which is issued by the central government. The Company shall within 15 days furnish the DIN of all directors to the registrar (ROC) on a prescribed form with such fees as prescribed. Director Identification Number (DIN) is a special identification number given to anyone who is currently serving as a director of a corporation or who wants to be nominated to that position. Have you heard? With the addition of Sections 266A to 266G of the Companies (Amendment) Act, 2006, the notion of DIN was first introduced in India.
section 155 of company law prohibits a person to obtain more than one DIN. if person do this kind of mistake and break the policy then they are liable for fine as well as punishment.
section 158 of the act makes it mandatory for company to mention the DIN in all the return, information and documents etc. If person noncompliance of the provisions than shall be punishable with imprisonment for a term which is 6 month and fine which is 50 thousand rupees.
Process of obtaining Director Identification Number
In accordance with section 153 of CA 2013, each person who wishes to be appointed as a director of a company must submit an application to the Central Government for the issuance of a Director Identification Number in the manner and with the fees specified therein.
Step 1: Access the MCA Portal.
Step2: Fill out the application eForm DIN-3 after downloading it.
Step 3: Submit your DIN-3 eForm to request a DIN.
Check details at the websites if you already have a DIN
Form No. DIR-3
In accordance with Section 153 of the Companies Act, 2013 and Rule 9(1) of the Companies (Appointment and Qualification of Directors) Rule, eForm DIR-3 must be submitted.
The applicant must electronically sign and submit eForm DIR-3 using his or her own Digital Signature Certificate in accordance with Rule 9(3)(b) of the Companies (Appointment and Qualification of Directors) Rules, 2014.
Attach required documents
As stated in the Companies (Appointment and Qualification of Directors) Rules, 2014, section 153 and rule 9(3)(a). If you plan to apply for a DIN, please make sure you have copies of the mandatory documents listed below, which must be attached when submitting eForm DIN-3 electronically:
1. Photograph: A current passport-size photo of the applicant showing their entire face from the front is required. Keep in mind that only a JPEG version of your most recent photo should be attached.
ii) Proof of Identity: If you are an Indian resident, you must provide a copy of your Income-tax Permanent Account Number (Income-tax PAN) as identification. If the information provided in your income-tax PAN is inaccurate, you must first update that information.
iii) Proof of Residence: Documents proving your address, such as an AADHAR card, a driver’s license, a voter identification card, a ration card, an electricity bill, a passport, or a telephone bill, must be submitted and must only be in your name. The documentation for an Indian applicant, however, should not be older than two months, while the address evidence for a foreign applicant should not be older than one year from the day the eForm was filed.
iv) Applicant Verification: A copy of the applicant’s confirmation that they are applying for the allocation of a DIN using eForm No. DIR-4. It is a declaration that you are abiding by the pertinent provisions of the Companies Act of 2013, which deal with the appointment of directors and DIN.
Digital DIR-3 Verification:
The Form DIR-3 must be digitally verified by the professionals or managerial individuals listed below in accordance with Rule 9(3)(b) of the Companies (Appointment and Qualification of Directors) Rules, 2014:
A Company Secretary in full-time employment of the company; or By the Managing Director (MD) or director of the company.
A Chartered Accountant (CA) in practice, a Company Secretary (CS) in practice, a Cost Accountant (CMA) in practice; or
Compulsory required field
The following must be filled out in full:
1.Apllicant full name.
2.Date of birth.
3. Whether the applicant is an Indian citizen.
4. Whether the applicant is an Indian resident.
5. Type and location of employment, including self-employed, professional, homemaker, student, or serviceman.
6. Class X/SSLC/Junior/Equivalent, Class XII/SSC/High/Equivalent, Graduation/Bachelor/Equivalent, Postgraduate/Master/Equivalent, Professional or Executive Program, Diploma, or Other Educational Qualifications.
7. Address where the candidate resides permanently.
8. E-mail address, phone number, and mobile number of applicants.
Application of DIN
The standard application fee for a DIN is 500. All changes made in accordance with the CA 2013, or any rules, regulations, or notifications issued thereunder, however, may affect the payable fees. After the user submits the eForm DIR-3 successfully, an SRN is produced and displayed to them. They can use this SRN to contact MCA in the future. You can use this SRN to look up the status of your DIN payment.
Application for a Director Identification Number and a letter of authorization or approval for appointment as a corporate director (DIN)
(On the letter head of director)
AUTHORIZATION CUM CONSENT LETTER
REGD. OFFICE ADDRESS
SUBJECT: AUTHORIZATION CUN CONSENT LETTER FOR APPOINTMENT AS DIRECTOR OF THE COMPANY ALONG WITH APPICATION NUMBER (DIN)
In order to be appointed as a director of the business M/s “ABC PRIVATE LIMITED, I, ——- S/o Shri ————————————————————————————————————————————————— I hereby certify that, in the immediately preceding financial year, I did not receive any disqualification under Section 164(2) of the Companies Act 2013 in any of the companies, and that, as of the present, I am not now subject to any disqualification from serving as a director. I further declare that I have never been appointed as a director of a company, and I further note that, in accordance with Section 154 of the 2013 Companies Act, no one may be appointed as a director of a company unless he has been given a Director Identification Number (DIN). I have never been found guilty of a crime involving the establishment, growth, or management of any company.
I also offer permission for the aforementioned business to submit my request for a DIN in order to be appointed as a director of the business.
MCA publishes the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022, which amend Rule 8, Rule 10, Annexure, Form DIR-2, and Form No. DIR-3 of the 2014 regulations. These amendments apply to anyone requesting a Director Identification Number who is a citizen of a nation with an Indian land border. After Rule 6(4) of the Companies (Appointment and Qualification of Directors) Rules, 2014, the following requirements must be met.
” Any person whose name has been removed from the databank under sub-rule (4) may apply for restoration of his name on payment of a fee of one thousand rupees, and the institute shall allow such restoration subject to the following conditions, namely: I his name shall be shown in a separate restored category for a period of one year from the date of restoration during which time he shall be required to pass the online proficiency self-assessment test.
Dr. N.V. Paranjape (reference book).
The Companies Act,2013 (bare Act).
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
We do conduct several Courses, Quizs and Webinars, Click here to register
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems at email@example.com
Join our Whatsapp group for Legal Job Openings