A REVIEW OF DIN [DIRECTOR IDENTIFICATION NUMBER] CONSEQUENT TO MCA NOTIFICATION DATED MARCH 15, 2013.
The Companies (Amendment) Act, 2006 has introduced the concept of Director Identification Number by inserting sections 266A to 266G in the Companies Act,1956 (hereinafter called the ‘act’). The intention is ,interalia, to provide unique Director Identification Number to any individual, intending to be appointed as a Director in a company or to any existing director of a company. The purpose is identification of the said individual, as such, through electronic mode or otherwise. Paragraph 5 of the ‘statement of objects and reasons’ says that this number would also facilitate effective legal action against the directors keeping in view the possibility of fraud by companies and the phenomenon of companies that raise funds from the public and vanish thereafter. Accordingly, the Ministry of Corporate Affairs has published the principal notification in the Gazette of India viz., Companies (Directors Identification Number) Rules,2006 vide GSR 649(E) dated October 19,2006 ( herein after called the ‘principal rule’). This notification has been amended 12 (twelve) times, the last being G.S.R. (E) dated March 15.2013. The purpose of this article is to review these amendments made from the year 2006 to 2013 in seriatim.
1) G.S.R.650 (E) dated October 19,2006.
This notification is issued to delegate the powers and functions of the Central Government in respect of allotment of DIN to the Regional Director/ Joint director/ deputy Director or assistant director posted in the office of RD, Northern Region.
2) G.S.R.14(E) dated January 9, 2007.
This notification is called as Companies (Director Identification Number) Amendment Rules, 2007. The purpose of this amendment was to substitute the words and figures in the proviso to rule 4 of the principal rule from 31st December,2006 to 31st March,2007 thereby DIN application can be submitted free of cost up to the latter date.
3) G.S.R. 265(E) dated March 29, 2007
The third amendment in this series is called Companies (Director Identification Number) Second Amendment Rules, 2007. Through this notification the proviso to rule 4 of the principal rules has again extended to 30th June, 2007 meaning thereby DIN-1 can be filed free of fees up to the said date. Similarly, proviso to rule 6 has been amended so as to extend the filing of DIN-3 to the ROC from the hither to given date to 30th June,2007 at free of fees.
4) G.S.R. 849(E) dated October 15, 2010
By this notification the principal rule has been amended by introducing a rule called as Companies (Director Identification Number ) Rules 2006 (Amendment)2010. The purpose was to insert two more declaration clauses in form DIN-1. Likewise in DIN-3 under verification ,two more verification clauses was also inserted.
5) G.S.R. 258(E) dated March 26, 2011
Perhaps this notification is the lengthiest among the 12 notifications came so far. These rules are called as Companies (Director Identification Number) Amendment Rules, 2011. Rule 3 of the principal rule has been substituted to the effect that DIN-1 shall be down loaded from the portal, fill up attach scanned copies of photograph, identity and address proof, verification in the given format viz., annexure-1 and to be uploaded with the digital signature of the applicant / CA /CS /CWA. Next amendment is in rule 4 making the fee payment through online mode and automatic generation of DIN by way of a substitution of rule 4 of the principal rules. Then sub rule 5 is omitted, sub rule 6 is renumbered as 5, sub rule 7 is renumbered as 9 and before that sub rule 6 ,7 and 8 are inserted so as to give intimation of defective applications ,to give an opportunity for rectification and power to reject the application if not properly rectified.
Then sub rule 2 and 3 of rule 7 is substituted to down load DIN-4, fill up relevant changes, scan and attach copies of proof of changed particulars in the format given as Annexure-2 and digitally signing of the form by CA/ CS/ CWA and for fixing filing fee as free . Sub rule 4 is inserted through which Central Government is empowered to communicate the recorded changes to the applicant. The important amendment is insertion of sub rule 8 through which false information leads to penalty as per section 628 of the Companies Act,1956.
6) G.S.R.427(E) dated June 2,2011
This notification is issued to amend rule 3, 4, 7 and to substitute the existing DIN-1 and DIN-4 with new forms. In rule 3(3) in para (b) the word ‘can’ is substituted with’ shall’. Paragraph (d) of rule 3(3) is deleted. In rule 4 para (b) a sentence viz., ‘In potential duplicate cases, ‘the provisional DIN shall be generated by the system’ is inserted. In rule 7(2) (b ) the word ’shall’ is substituted for the word ‘need’. Then para (c) is introduced thereby the form can also be digitally signed by a CS in full time employment of the company. The next amendment is insertion of sub-rule (4) in rule 7 so as to deal in potential duplicate cases of DIN-4 as per the procedure adopted for DIN-1.
7) G.S.R. 507(E) DATED July 5,2011
The rule introduced through this notification is called as Companies Director Identification Number (Third Amendment) Rules,2011. This is to substitute sub rule (ii) of rule 2 thereby DPIN issued under section 7 of the LLP Act,2008 is also included in the definition of DIN and again to substitute the existing DIN-1 and DIN-4 with new forms.
8) G.S.R .395(E) dated May 28, 2012.
The next in the series of amendment is Companies (Director Identification Number) Amendment Rules, 2012. In the annexure-1 to be mandatorily attached to DIN-1, the existing clause (i) is substituted in such a way that the applicant has to confirm the photograph is his/her own and the attestation of the required documents are done by him/her/ notary/ gazette officer as the case may be. Similar changes were made in annexure-2 of DIN- 4 apart from inserting several clauses in DIN-4 to tick mark the changes sought for.
9) G.S.R. 429(E) dated June 5, 2012
This is the smallest among the series called as Companies Director Identification Number) Rules,2012 introduced to insert a column ,after serial number 4, to tick mark the residential status of the applicant.
10) G.S.R……..(E) dated December 24,2012.
This notification is called as Companies Directors Identification Number (Third Amendment) Rules, 2012 .In DIN-4, the certification column after serial number 17 is substituted so as to give more responsibility to the certifying professional. The professional has to certify that he/she is satisfied about the identity of the applicant based on the original of the attached documents and also certify that the applicant is either known to him/her or the applicant met him/ her in person.
11) G.S.R…….(E) dated December 24,2012.
Through this notification, also named as Companies Directors Identification Number (Third Amendment)Rules,2012, for annexure – A for DIN-1 a new DIN-1 is substituted.
12) G.S.R….(E) dated March 15,2013.
A new rule viz., rule 8 is inserted to the principle rule by the Companies Directors Identification Number (Amendment) Rules,2013. This rule is for cancellation or deactivation of DIN in case –
a) the DIN is found to be duplicate,
b) the DIN was obtained by wrongful manner or fraudulent means,
c) of the death of the individual,
d) the individual is declared as lunatic and,
e) if the individual is adjudicated as insolvent.
These twelve amendments might have introduced as a part of the e-governance program of the government. The author feels that transparency is attained now and no more amendments will be introduced by MCA in the matter of DIN.
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