A Company is a legal entity with no physical appearance and needs natural persons to run its affairs. Directors are the individuals authorized to manage day to day affairs of a company. They are the officers who play an important role in running the company on behalf of the shareholders who appoint them. Each director of company is required to obtain Directors Identification Number (DIN) as per Companies Act, 2013.
IN is a unique 8-digit identification number allotted by the central government to an individual appointed as a director of the company. Perhaps, the provisions of Company law interdict application for or ownership of another DIN and contain the punishment for the individual who contravenes this provision that includes imprisonment up to 6 months.
How to make application for allotment of DIN?
Section 153 of the Companies Act, 2013 read along with Rule 9 of the Companies (Appointment and Qualification of Director) Rules 2014 provides for the provision for applying for allotment of DIN. Any person intends to become a director in a new company is required to apply for the allotment of Director Identification Number only through SPICe (Simplified Proforma for Incorporating Company Electronically).
Similarly, for an existing company, he shall have to make an application in eForm DIR-3 for allotment of DIN and should follow the following procedure:
- Download the form as per your specifications.
- Create an account on MCA.
- Login the account.
- Attach the photograph along with a scanned copy of supporting documents i.e. attested proof of identity and residence as prescribed. Physical documents are not required to be submitted to the DIN cell.
- Get Form DIR-3 signed by the applicant mandatorily which shall be verified digitally by a company secretary in full time employment of the company or by the Managing Director or Director of an existing company in which the applicant is intended to be appointed as a director.
- Upon upload, make the payment of filing fee of eForm DIR-3. Only e-payment of the fees shall be allowed (i.e. Net banking / Credit Card / Debit Card / Pay Later / NEFT). eForm DIR-3 will be processed only once the DIN application fee is paid.
- Post successful payment, an approved DIN shall be generated in case the details of the eForm have not been identified as potential duplicate. Provisional DIN shall be generated in case the details of the eform have been found as potential duplicate. A suitable informational message will be given to the user in this regard in the receipt.
- In case, details of eForm DIR-3 are found as potential duplicate, the same gets routed to DIN cell for back office processing. Once after the approval, provisional DIN becomes approved and available for further use.
Allotment of DIN
The central government through its delegated authority process the application filed .The processing of the application made for allotment of DIN is to be done within one month from the date of receipt of application along with the fees. However, after approval of the application submitted by an individual, Central Government communicates the DIN allotted to the applicant within a month.
DIN allotment rejection
In case, the application for DIN allotment is rejected because of wrong/ incomplete information provided, the Central government permits a time limit of 15 days to rectify it. Within the given 15 days, the applicant is required to file a fresh application as per the process explained above but no fee is required for filing such rectification. However, if the applicant fails to make the required rectification, the application becomes invalid and the fee paid thereon is forfeited by the Central Government.
Intimating DIN to company
The managing director shall communicate about his DIN to all the companies where he is working as a director within one month from receiving DIN by the central government. On receiving the intimation of DIN from director, the company will intimate about the DIN of the director to the Registrar of Company within 15 days. Non-fulfillment to comply with these provisions leads to contravention of the law and are liable to punishment under the act.
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