Director Identification number (DIN) under companies act

One of the purposes which is sought to be achieved by the enactment of the companies act 2006 is to identify every director of company at all times by making statutory provision in respect of Director Identification Number.  In this article, we see about the DIN registration process.

In conformity with section 266A, every person proposing to be appointed as a director shall apply for and obtain Director Identification Number (DIN), but he may be appointed as a Director. DIN is mandatory for your company registration procedures.

Rules Notified

The companies Director Identification Number rules, 2006 has been notified vide notification GSR 649 (E). The features of the rules are explained below :

Form of Application

The persons mentioned above shall make the application in Form DIN-1 in the electronic mode.

Provisional Director Identification Number-rule 3

The system will electronically generate and indicate in the space provided a provisional DIN, which will be valid for a period of 60 days from the date it was generated.

Making application with fee

After the provisional DIN is generated, the formal application in Form DIN-1 will be made within 60 days from the date on which provisional DIN was generated failing which the provisional DIN will lapse. A passport size photograph will be affixed in the space provided in the form.

Certification

The photograph, the proof of identity and residence will be certified by the company secretary in full time employment of one of the companies in which the person is proposed to be appointed as director or he is existing director or by any of the following authorities.

(a) Gazetted Officer of the central or state government

(b) Notary public

(c) Chartered Accountant, Company Secretary, Cost and Works Accountant Holding a certificate of practice.

Allotment of DIN or otherwise

The central government shall communicate the allotment of DIN or rejection thereof within a period of one month from the receipt of the application.The DIN allotted before the commencement of the rules shall be deemed to have been allotted under the rules.

Appointment of a person as Director before allotment of DIN

In terms of the second proviso to clause (b) of section 266A, a person may be appointed director provided he has made an application for the allotment of DIN.

Intimation of DIN to the company

Every existing Director including a director appointed after the commencement of the rules shall furnish the details of DIN granted to him to every company in which he is director within one month of the receipt of the DIN. This will be done in Form DIN-2. This is not in electronic mode.

Intimation to the registrar duly certified

Every company shall, within one week of the receipt of intimation from directors, furnish to the registrar the details of DIN in Form DIN-3 in electronic mode along with fee as prescribed in Schedule X to the act. Every company registration process, DIN is compulsory for your registration process.

Change in particulars given in Form DIN-1

In the event of any change in the particulars given in form of application DIN-1 for the allotment of DIN. The director concerned shall intimate such changes to the central government (namely. the regional director, Chennai) in Form DIN-4 within a period of 30 days from such charges.

No fee is payable for intimating the charges

The form DIN-4 will be filed physically. The central government on being satisfied with the proof of the changes, shall incorporate in the electronic database maintained by the ministry and shall also inform the director concerned.

Delegation of powers to the regional director, northern region

The central government has, by Notification No. GSR 650(E) dt. 19-10-2006, delegated their powers under section 266A and 266B to the Director, Joint Director, Deputy Director or Assistant Director posted in the office of the regional director, northern region.

Validity of DIN

Once the DIN is allotted to a director is effective for the life-time of the said director and shall not be allotted to any other person during his life-time.

 

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