| 1.
Application for allotment of Director Identification Number
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Section
266A inserted by the Companies (Amendment) Act, 2006
which, has been notified by Notification No. G.S.R.
648E dated 19th Oct.’ 2006 and has come into the
force w.e.f. 1st Nov., 2006 the new section provides
that every-
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| (a) Individual,
intending to be appointed as director of a company;
or |
| (b)
Director of a Company appointed before the commencement
of the Companies(Amendment) Act, 2006, shall make
an application for allotment of Director Identification
Number to the Central Government in form DIN-1.
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Every applicant, who has made an application for allotment
of Director Identification Number, may be appointed
as a director in a company, or, hold office as director
in a company till such time such applicant has been
allotted Director Identification Number.
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| 2.
Allotment of Director Identification Number |
Section
266B has been inserted by the Companies(Amendment) Act,
2006, which provides that the Central Government shall,
within one month from the receipt of the application
under section 266A, allot a Director Identification
Number to an applicant.
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3.
Obligation on the Director to intimate Director Identification
Number to concerned company or companies |
Section 266D of the Companies (Amendment) Act, 2006
provides existing director shall, within one month of
the receipt of Director Identification Number from the
Central Government, intimate his Director Identification
Number to the company or all companies wherein he is
a director. Such intimation is required to be given
in Form DIN-2.
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| 4.
Important feature of Director Identification Number |
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Any individual who is a director
or intends to become a director of a company should
apply for DIN. All the directors of a company must
obtain DIN.
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DIN application is to be
supported identity proof, duly attested photocopies
of any of the following viz. PAN card, Driving
License, Passport, Voter ID Card, Ration card,
Electricity Bill and Bank Statement, need to
be filed with the DIN application.
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DIN application is to be supported
with proof of residence of the applicant director
which can be any one of the following viz. Passport,
Voter Id Card, Ration card, Driving license, Electricity
Bill,Telephone Bill and Bank Statement.
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DIN is mandatory for e-filing
of forms and documents and PAN cannot be used as
an alternative to DIN.
- DIN is mandatory for directors of Indian companies
who are not citizens of India.
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DIN is not mandatory for directors
of foreign company having branch offices in India.
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Only a single DIN is required
for an individual, irrespective of number of directorship
held by him/her. All the directorship of an individual
would be mapped in the database through that DIN.
- Even on resignation of a director the DIN will not
be cancelled.
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| 5. Formalities
to be complied with for appointment of first directors |
In
the case of the appointment of first directors of a
company, the following formalities must be complied
with at the time of incorporation:- |
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Confirm whether the proposed
director is having Directors identification Number
(DIN), if he is not having DIN, apply in Form DIN.
No company shall appoint or re-appoint any individual
as director of the company unless he has been allotted
a Director Identification Number under section 266B.
- Obtain consent in the plain paper and the same
shall be filed with the e-form 32.
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Prepare e-form 32 in respect
of the first directors and file it with the Registrar
supported by the consent to act as a director;
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Agreement, if any, which the
company proposes to enter into with any individual
for appointment as its managing director or whole-time
director or manager shall be filed with the registrar;
- E-Form 32 may be filed within 30 days after incorporation.
It is advisable to file them at the time of filing
of other documents for incorporation. The registrar
also insists on it to be filed at the time of incorporations.
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Particulars in the Register
of directors shall be entered with respect to each
director immediately after the incorporation of
the company.
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Particulars of the Directors’
shareholding will be entered in the Register of
directors’ shareholdings;[Section 307]
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Information relating to the
director’s interests in other companies, firms
and also names of his relatives for the purpose
of section 297 and 299 of the Act will be obtained.
A general notice of the interests under section
299 will also be given in Form 24AA prescribed under
the Companies (Central Government’s) General
Rules & Forms. 1956.
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