FAQs on Director Identification number ( Complete Prospective)
Q 1. What do u mean by DIN in company law?
As per section 153 of the companies act, Every Individual intending to be appointed as director of a company shall make an application Electronically in FORM DIR-3 for allotment of Director Identification number to the central government along with the prescribed fees.
Q 2. Procedure for application of DIN ? ( Section 153 and Rule 9)
1) Every applicant, who intends to be appointed as a director of an existing company shall make an application electronically in the Form DIR-3 for allotment of a Director Identification Number (DIN) along with prescribed fees as provided under the companies (Registration offices and Fees) Rules, 2014.
2) MCA 21 portal facilities submission of application for the allotment of DIN.
3) a- The applicant shall have to fill the form DIR-3 from the portal of Ministry of Corporate Affairs, fill in the required particulars and attaching photograph, proof of identity, proof of residence, board resolution proposing his appointment as director in an existing company and specimen signature duly verified and sign the form dogotally.
b- Form DIR- 3 shall be signed and submitted electronically by the applicant using his or her own Digital signature certificate and shall be verified digitally by-
– CA in practice or CS in practice or a cost accountant in practice or
– CS in full time employment of the company or by the managing director or by director.
Q 3. Explain the procedure of allotment of DIN? ( Section 154 and Rule 10)
After Filing of DIR-3, an application number is generated and Central Government shall process the application within one month from the receipt of the application. The approval or rejection has to be decided in terms of Rule 9 and the same has to be communicated to the applicant along with the DIN allotted in case of approval by way of a letter by post or electronically or in any other mode, within a period of one month from the receipt of such application.
However, if DIR-3 is found to be defective or incomplete in any respect, then it shall give intimation of such defect or incompleteness, by placing it on the website and by email directing the applicant to rectify such defects or incompleteness by resubmitting the application within a period of fifteen days of such placing on the website and email:
The Central Government shall
(a) reject the application and direct the applicant to file fresh application with complete and correct information, where the defect has been rectified partially or the information given is still found to be defective;
(b) treat and label such application as invalid in the electronic record in case the defects are not removed within the given time; and
(c) inform the applicant either by way of letter by post or electronically or in any other mode.
(4) In case of rejection or invalidation of application, the fee so paid with the application shall neither be refunded nor adjusted with any other application.
Q 4. Can fee paid on invalidation of application be adjusted with any other application?
No, the fee paid with the application shall neither be refunded nor adjusted with any other application.
Q 5. What’s the validity of DIN?
DIN shall be valid for the Lifetime of the applicant and shall not be allotted to any other person
Q 6. Why DIN is required?
DIN is mandatory to act as a director of a Private Limited Company, or One Person Company. Also, a person having DIN may use it for applying designated partner of LLP. And no person shall allowed to continue or to be appointed as director without obtaining DIN.
Q 7. Is DIN KYC required every year?
Yes, It is mandatory for every director who has been alloted DIN, will have to fill the form DIR -3 (KYC) before 30th September of the immediately next financial year. In case a director fails to file DIR-3 then there are chances that his/her DIN gets deactivated.
Q 8. Is DIN mandatory to all directors?
DIN is mandatory for all director, because DIN is a proof for all directors to act as a directorship. Without DIN no one can act as a director. Therefore before appointment of directorship central government issues DIN.
Q 9. What is the use of DIN?
DIN is a unique number allotted to every director and it is used to or taking directorship position i.e Individual turned director. DIN of director has to be mentioned on all such documents where the director is signing.
Q 10. Which documents are required for DIN of foreign National?
List of documents that are required for applying DIN of a foreign National:
- Identification Proof
– Passport
- Address Proof (Not older than 1 year)
– Driving License
– Resident Card
– Passport
– Ration Card
– Telephone Bill
– Bank Statement
- Passport Size Photograph
- Duly attested affidavit by Consulate of Indian Embassy/public notary of home country.
However, in case of Indian nationals, Income tax pan is mandatory requirement for proof of identity.
Q 11.What is the validity of an alloted din?
The DIN generated online remains is a provisional DIN and shall be valid for a period of only for 60 days and In case if a company hasn’t made application for allotment of a regular DIN within a period of 60 days, the provisional DIN becomes Invalid.
Q 12. Is DSC required for DIN application?
While e-filing of documents should obtain DSC immediately.
For getting DSC-
Click on the Register DSC link available on the MCA portal Homepage.
Q 13. How do I apply for a DIN in a new company case?
A person who is proposing himself to become director, has to first mandatorily applied for DIN through e-Spice Form .
Q 14. Can any Individual make changes in his details as provided in DIN? ( Rule 12)
Yes, Director may change his particulars as provided in FORM DIR-3 in the following manner:
1) Individual who needs to change his particulars as mentioned in FORM DIR-3 can do so by intimating such changes to the central government within a period of 30 days of such changes in FORM DIR-6. Such applicant shall have to fill in the relevant changes in Form DIR-6, and then verify the form and attach duly scanned copy of the proof of such changed particulars and submit the form electronically. Such Form also requires precertification by the professional like CA/CS/CMA in practice.
2) Ministry of Corporate Affairs shall incorporate such changes in its electronic database after getting due verification done from the enclosed proofs and shall have to confirm the applicant by post/email/any other mode.
3) The intimation of such changes in DIN shall also be intimated by the DIN cell of the MCA to the appropriate Registrar of Companies under whose jurisdiction the registered office of the company (s) where such individual is a director is situated.
4) The Director whose particulars of DIN have been changed shall also be required to intimate the change in his particulars to the company or companies in which he is a Director within 15 days of such change.
Q 15. Is there any chances for deactivation of DIN?
In below said certain circumstances, the DIN of director may be deactivated :
1) The said DIN is found to be a duplicated one
2) The DIN was obtained in a wrongful manner or through fradulent means
3) Upon the death of the concerned Individual (Director)
4) Upon adjudication of such person as an insolvent
5) Where in case, director files an application in FORM DIR-5 that he has never been appointed as director in any company, then central government may deactivate the DIN after verification of e- records.
Summarisation of form-
1) Application for allotment of DIN (Section 153 and Rule 9) | In form DIR-3 |
2) Intimation of changes (Rule 12) | In form DIR-6 |
3) Cancellation/Surrender/Deactivation of DIN (Rule 11) | In form DIR-5 |