DIRECTOR IDENTIFICATION NUMBER

PVT LTD Company registration in Delhi

PROCEDURE FOR DIRECTOR IDENTIFICATION NUMBER

1. What is DIN?

It is an unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company pursuant to section 153 & 154 of the Companies Act, 2013. DIN is also required under Limited Liability Partnership.

2. Director Identification Number Allotment - Application

The concept of a Director Identification Number (DIN) was introduced for the first time with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006, but now governed by Companies Act, 2013. As such, all the existing and intending Directors have to obtain DIN within the prescribed time-frame as notified. However, as per sec 155, No individual, who has already been allotted a Director Identification Number under section 154, shall apply for, obtain or possess another Director Identification Number.

Steps to apply DIN:

  • DIR-3 Form: Any person intending to apply for DIN shall have to make an application in eForm DIR-3
  • DIR-6 Form: Form to make changes to any particulars uploaded in DIR-3 Form

DIR-3 Form:

As per Rule 9(1) of the Companies (Appointment and Qualification Of Directors) Rules, 2014, every individual, who is to be appointed as director of a company shall make an application electronically in Form No. DIR-3, to the Central Government for the allotment of a Director Identification Number (DIN) alongwith such fees as provided in the Companies (Registration Offices and Fees) Rules, 2014.” Presently the fee for filing of DIR-3 is Rs. 500.

The applicant must follow the following procedure:

1. Offline e-Filing

E-Form DIR-3 has to follow the offline e-Filing process at MCA portal.

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 submit at DIN cell.

Moreover, Income Tax PAN is mandatory for Indian nationals. In case of foreign nationals, passport number is a mandatory requirement. Along with the supporting documents, verification by the applicant for applying for allotment of Director Identification Number (DIN) as per form DIR-4 shall also be attached. This shall contain the Name, Father's name, date of birth, present address, text of declaration and physical signature of the applicant.

2. Digital Signature

The eForm shall have to be digitally signed by Applicant and also to be digitally signed by a Chartered Accountant or a Company Secretary or a Cost Accountant in whole- time practice or Secretary (who is member of ICSI) in whole time employment or director of the existing company, and shall be uploaded on MCA portal.

3. Fee Payment

Upon upload, Pay the fees for DIR-3 eForm. Only electronic payment of the fees shall be allowed (i.e. Netbanking / Credit Card / NEFT). No Challan payment will be accepted under procedure of DIN allotment.

The user is required to get himself / herself registered on the MCA Portal to obtain login id, Login to the MCA 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. Processing of DIR-3 Form

In case, DIR-3 is a potential duplicate, the MCA DIN cell will be examine the e Form DIR-3 and same shall be disposed of within one or two days.

DIR-6 Form:

  • If there is any change in the particulars submitted in form DIR-3 , applicant can submit e-form DIR-6 online. For instance in the event of change of address of a director, he/she is required to intimate this change by submitting eform DIR-6 along with the required attested document.
Director Identification Number - Important Features
  • Any person who is a Director of a company or is soon to be appointed to said post should apply for a DIN. It is therefore mandatory for all Directors within a company to possess a DIN of their own.
  • An Application for a DIN by an Individual should be submitted along with a proof of identity, such as a Driving License, Voter ID card, PAN card, ration card, bank statement and/or electricity bill.
  • Proof of Residence is also required along with a DIN Application. This can be verified by providing documents such as a Voter ID card, passport, electricity bill, telephone bill or bank statement.
  • E-filing of forms and documents needs a DIN, and a PAN card will not suffice.
  • Directors of Indian companies who are not Indian citizens must be in possession of a DIN.
  • No matter how many companies an individual holds the position of Director for; he will require only one DIN. The Directorships of an individual will be mapped through the DIN database.
  • The DIN will not be cancelled even upon the resignation of the individual.
Prerequisites before appointing an individual to the post of Director

Its very important to check that the following formalities are met at the time of incorporation, in the case of appointment of first directors of a company:

  • Confirm whether the proposed director is in possession of Directors identification Number (DIN). If the individual does not have a DIN, apply in Form DIN. No company shall appoint or re-appoint any individual as Director of their firm unless they have been allotted a Director Identification Number.
  • Obtain consent in plain paper. This shall be filed with the e-form DIR-12.
  • E-form DIR-12 in respect of the first directors is to be prepared and filed with the Registrar accompanied with the consent to act as a director.
  • Any agreement that a company proposes to enter into with any individual in regards to their appointment as a Managing or full-time Director shall be filed with the registrar.
  • E-Form DIR-12 must be filed within 30 days after incorporation. It is advisable to file it at the time of filing of the other documents.
  • Particulars in the Register of directors shall be entered with respect to each Director immediately after their absorption into the company.
  • Particulars of the Directors' shareholding will be entered in the Register of directors' shareholdings [Section 170].
  • Information pertaining to the director's interests in other companies and firms is mandatory. The names of his relatives for the purpose of Section 188 and 184 of the Act will also be obtained.