Q1. What is Director Identification Number (DIN)?
Ans. 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
Q2.Who can file an application for allotment of DIN ?
Ans. Every individual, intending to be appointed as a director of the company, can file an application for allotment of DIN.
Q3.Who will allot the DIN ?
Ans. Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs) will allot the DIN.
Q4. What is the procedure of obtaining DIN?
Ans. Any person intending to apply for DIN shall have to make an application in e Form DIR-3 and should follow the following procedure:
1. e Form DIR-3 has to follow the online e-Filing process . For more details regarding the same visit e-Filing FAQ's .
2. 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.
3. Along with the supporting documents, Verification as per Form DIR-4 shall also be attached. This shall contain the Name, Father’s name, date of birth and text of declaration and physical signature of the applicant.
4. The e Form shall have to be digitally signed and shall be uploaded on MCA21 portal.
5. Upon upload, Pay the fees for e Form DIR-3. Only electronic payment of the fees shall be allowed (I.e. Net banking / Credit Card). No challan payment will be accepted under revised procedure of DIN allotment.
The applicant is required to get himself/herself registered on the MCA21 Portal to obtain login id, which is necessary for payment of the fees. After obtaining the login-id, Login to the MCA21 portal and click on 'e Form upload' link available under the 'e Forms' tab for uploading the e Form DIR-3. e Form DIR-3 will be processed only after the DIN application fee is paid.
6. upon upload and successful payment,
Form DIR-3 is mandatorily to be signed by an Applicant and a practicing professional or secretary (who is a member of ICSI) in whole time employment or the Director of the existing company
Approved DIN shall be generated in case the form is being signed by a practicing professional and details have not been identified as potential duplicate. Provisional DIN shall be generated in case form is signed by secretary in whole time employment or Director of existing company and details have been found as potential duplicate. A suitable informational message and an email shall be provided to the user that the DIN shall be approved after due verification by the DIN cell.
7. Processing of e Form DIR-3
In case, DIR-3 gets certified by the professional (i.e. CA (in whole time practice)/ CS (in whole time practice)/ CWA (in whole time practice)/, the DIN will be approved by the system immediately online (in case it is not potential duplicate).
8. Post-approval changes in particulars of Form DIR-3
If there is any change in the particulars submitted in e 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 e form DIR-6 along with the required attested documents.
Q5.Who can sign e-Form DIR-6?
Ans. The e-Form DIR-6 is required to be digitally signed by an Applicant and a Chartered Accountant or a Company Secretary or a Cost Accountant in whole- time practice.
Q6.What things should be taken care of while filling form DIR-3?
Ans. Please note that Income Tax PAN is mandatory in case of Indian applicants so the applicant details (name, father’s name, date of birth) should be as per the PAN details. The particulars filled in form DIR-3 should match with the details given in the supporting documents to be submitted along with DIN application. Any mismatch will lead to rejection of DIN application.
Q7.Whether any fee is payable along with application for allotment of DIN?
Ans. Yes, DIN application fee of Rs. 500/- is payable.
Q8.How to enquire about the status of the payment made for Form DIR-3?
Ans. Status of the payment made for Form DIR-3 can be enquired from 'Track Payment Status' link on the homepage of www.mca.gov.in.
Q9.What are the scanned documents required to be attached with eform DIR-3?
Ans. •High resolution photograph of the applicant
•PAN is mandatory now. So copy of pan is mandatory for identity, name, father’s name and date of birth. Proof of father’s name is not required in the case of foreign nationals
•Copy of passport is mandatory as an id proof in the case of foreign nationals.
•Present Address proof which should not be older than 2 months
•Verification as per form DIR-4 as per the format given on the website
Q10.What things should be taken care of with regard to supporting documents?
Ans. Please ensure following before attaching supporting documents with DIN application:
•Documents submitted are currently valid and not expired.
•Documents issued by LIC may be enclosed as Date of Birth and Address proof.
•Bank Statements, Utility Bills like telephone, electricity bill etc furnished as residence proof are in the applicant's name only and not older than two months.
•All supporting documents attached with form DIR-3 must be duly attested by an authorized person/ authority.
•In case the director is illiterate, thumb impression should be certified from the concerned revenue authority (where the applicant resides) and then all the documents should be notarized or attested OR if applicant is not in a position to sign the application due to medical reasons and affixed thumb impression on the application then duly attested medical certificate from Government hospital is must with the application stating the reason of his / her ailment.
Q11.What are the additional information/ documents required in case of a foreign national?
Ans. Details of a valid passport should be filled in form DIR-3 and a certified copy of same should be attached with DIN application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the Managing Director / CEO / Company Secretary of the company registered in India, in which applicant is a director. If a foreign director has a valid multiple-entry Indian visa or Person of Indian Origin card or Overseas Citizen of India card, then the attestation could also be done by Public Notary / Gazetted Officer in India or practicing CA / CS / CWA.
Q12. What are the grounds for rejection of DIN application?
Ans. A provisional DIN is approved only after scrutiny of the documents attached with the application. Some of the common mistakes committed by applicants and on account of which the DIN application gets rejected are as under
Non-submission of supporting documents
•The proof of identity of the applicant is not submitted.
•The proof of father's name of the applicant is not submitted.
•The proof of date of birth of the applicant is not submitted.
•The proof of residential address of the applicant is not submitted.
•The copy of passport (for foreign nationals) is not submitted
Invalid Application/supporting Documents
•The supporting documents are invalid or expired.
•The proof of identity submitted has not been issued by a Government Agency.
•The application/enclosed evidence has handwritten entries.
•The submitted application is a duplicate DIN application and already one application of that applicant is pending or approved.
•The submitted application does not have photograph affixed.
•The signatures are not appended to the prescribed place.
•The applicant's name filled in application form does not match with the name in the enclosed evidence.
•The applicant's father's name filled in application form does not match with the father's name in the enclosed evidence.
•The applicant's date (DD/MM/YY) of birth filled in application form does not match with the date of birth in the enclosed evidence.
•The address details filled in the application do not match with those contained in the enclosed supporting evidence.
•The gender is not entered correctly in Form DIR-3.
•Identification number entered in application does not match with the identity proof enclosed.
•If enclosed documents are not self attested.
Q13.My DIN application has been rejected. Am I required to apply for a fresh DIN?
Ans. Yes, you will have to apply for fresh a DIN.
Q14.My DIN application has been put under Resubmission. Am I required to obtain a fresh DIN?
Ans. No. If the DIN application is put under Resubmission due to following reasons, you can submit additional documents for rectifying your DIN application, within a period of 15 days from the date on which it is marked as Resubmission
•Proof of Identity/ residence is not enclosed or expired.
•Proof of Date of Birth is not enclosed.
•Supporting documents are not properly attested .
•Non-submission of affidavit (if required).
On resubmitting with the additional documents, same DIN will be approved, if documents are found in correct order as per marked in resubmission.
Q15.What procedure has to be followed, if there is any change in particulars of Director?
Ans. Director is required to download and fill up e Form DIR-6 for such changes and follow the same process for uploading the same as mentioned for e Form DIR-3. The requested change is taken into the system on verification of the proof enclosed with the application for change request. In the case of change in applicant’s name, gazette notification is must with form DIR-6. Married ladies, who are having Id proof with their maiden name, can submit marriage certificate along with application. Verification as per Form DIR-7 of Companies Act 2013 also needs to be attached to Form DIR-6 as it is a mandatory attachment now.
Q16.What are the penal provisions for non-compliance of provisions of the Act and rules?
Ans. Section 159 of the Companies Act, 2013 provides for penalty for default relating to non-compliance of section 152or 155or 156 or of the Act. Such individual or the director of the company shall be punishable with imprisonment for a term which may extend to 6 months or with a fine which may extend to Rs 50000/- and where the contravention is a continuing one, with further fine which may extend to Rs 500/- for every day after the first during which the contravention continues.
Q17.Whether provisional DIN can be used for e-Filing?
Ans. No, the particulars of the person with the provisional DIN number can not be filled in the eforms but the person cannot sign as a director.
Q18.Whether Single Name in applicant’s name or applicant’s father’s name is allowed?
Ans. Single name shall be allowed in Form DIR-3 and DIR-6 in Applicant name and Father’s name only if single name is there in Income tax PAN. The same shall be validated from PAN database.
Q19.I am a Director of the company and applying for my DIN. Can I sign the eform DIR-3?
Ans. Yes, the form DIR-3 is to be 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.
Q20.My DIN application has been identified as a Potential Duplicate. What does it mean?
Ans. If the contents specified in the DIN form matches with an already filled DIN application form, then the application shall be marked as a potential duplicate and shall then be processed by DIN Cell.
Q21.Whether Income tax PAN is mandatory while applying for DIN?
Ans. Income tax PAN is mandatory for Indian nationals. If Income tax PAN is entered, it shall be mandatory to click on ‘Verify income-tax PAN’ button. Applicant’s name (first, middle and last name), applicant father’s name (first, middle and last name) and date of birth should be as per the income-tax PAN details.
In case of foreign nationals, passport number is a mandatory requirement.
Q22. What will happen if the details entered in DIN application are not as per the Income tax PAN database?
Ans. Filing of DIN application shall not be allowed if the details entered in the form are not as per the Income tax database in case of Indian Nationals.
Q23. Is Income tax PAN also mandatory while applying for correction in particulars of Director in Form DIR-6?
In case of Indian national, it is mandatory to enter Income tax PAN in all cases even if there is no change in Income-tax PAN. In such case, it shall be mandatory to click on ‘Verify income-tax PAN’ button. Director’s name (first, middle and last name), Father’s name (first, middle and last name) and date of birth should be verified from the income-tax PAN details.
Moreover, all existing DIN holders who have not furnished their PAN earlier at the time of obtaining DIN, are required to furnish their PAN by filling Form DIR-6.
Tags Corporate Law