Procedure for changes in particulars of directors

Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may be prescribed. (Section 153 of Companies Act, 2013)

For this such individual is required to file DIR-3 with such information as required in such Form like Name, Father’s Name, date of Birth, PAN No. (All details as per PAN Card), Address for correspondence and permanent address (As per address proof being attached) and also to give other information like mobile no., e-mail id, residential status, area of occupation, gender etc.

But such information he stated at a particular time or at time of applying for DIN may not be the same for the life time. Hence, such individual is required to apply for changes in the particulars of DIN as and when there are any changes in the particulars, he has already provided to Central Government via DIR-3 Form (earlier DIN 1 Form.) at time of obtaining DIN

Hence, in this article, we shall discuss about the purpose, procedure and requirements while applying for change in particulars of DIN.

Purpose for applying for DIR-6

A director having an approved DIN is required to intimate to MCA via E Form DIR-6 in case of change(s) in his particular(s) within a period of 30 days of any such change.

Governing Rule

As per Rule 12(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014, Every individual who has been allotted a Director Identification Number under these rules shall, in the event of any change in his particulars as stated in Form DIR-3, intimate such change(s).

These changes may be with respect to change in:

i. Name of Director

ii. Address of Director (Permanent/ Correspondence address)

iii. Date of Birth of Director

iv. E-Mail ID or Ph. No. of director

v. Father’s Name

vi. Nationality of the IRECTORS

vii. Updation of PAN No./ Voter ID Card, Passport, Adhaar Card or other proof

viii. Residential Status

ix. Updation of Photograph of Director

x. Gender

PROCEDURE FOR INTIMATION OF CHANGE IN PARTICULARS OF THE DIRECTOR

(i) The applicant shall download Form DIR-6 from the portal and fill in the relevant changes, attach copy of the proof of the changed particulars and verification in the Form DIR-7 all of which shall be scanned and submitted electronically;

(ii) The form shall be digitally signed by a chartered accountant in practice or a company secretary in practice or a cost accountant in practice;

(iii) The applicant shall submit the Form DIR-6;

PRECAUTIONS AND DOCUMENTS REQUIRED TO BE ATATCHED WHILE APPLYING FOR CHANGE IN PARTICULARS VIA E-FORM DIR-6

1. In case of Indian nationals, Income-tax Permanent Account Name (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN. In such cases, director details should be as per Income-tax PAN. In case the details like name/father’s name/DOB as per Income-tax PAN are incorrect, director is advised to first correct the details in Income-tax PAN before filing this eForm.

2. The following attachments are mandatory to be filed in all cases:

a. Proof of change in particulars:

Proof of Identity of director: In case of Indian nationals, Income-tax PAN is a mandatory requirement for proof of identity.

In case of foreign nationals, passport is a mandatory requirement for proof of identity.

b. Proof of residence of director/ designated partner

Address proofs like bank statements, electricity bill, telephone bill, utility bills etc. shall be attached. In case of Indian director such documents should not be older than 2 months from the date of filing of the eForm. And In case of foreign director, address proof should not be older than 1 year from the date of filing of the eForm.

c. In case of proofs which are in languages other than Hindi/ English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal.

d. Any other information can be provided as an optional attachment(s).

INSTRUCTION FOR CHANGE IN NAME AND DATE OF BIRTH OF DIRECTOR

While applying for change in name and date of birth of directors,

1. the change must be first published in the official Gazette and copy of such Gazette shall be attached with such form

2. After publishing in the official Gazette, the particulars of PAN are required to be amended

3. Then the individual should proceed for change in above amendments of name or date of birth in DIN

CONFUSION AT TIME OF CHANGE NAME OF DIRECTOR:

In many cases, many professionals have confusion that when there is any mistake in spelling of name or some addition or deletion in name, whether there is any need to publish such change of spelling or addition/ deletion of name, in official Gazette or not.

In such cases when there is any spelling mistake or some addition or deletion of some middle name like kumar etc., then such change may be applied via DIR-6 without publishing in official Gazette.

Ex.: Name in PAN Card is Kharabanda while in DIN data base, it is showing as Kharbanda, here the director may proceed for such correction spelling mistake in DIN via filing of DIR-6 form only and no need to go for publishing in official Gazette. But in case, the director name in PAN is Sunil Kharabanda and in DIN it is Pankaj Kharabanda, then need to have publication in official Gazette that his name has been changed from Pankaj to Sunil and such publication in official Gazette is required to be attached in E Form DIR-6 for change of such name and only PAN Card change will not suffice.

Note: The above article is based on my personal experience. The readers must proceed with any change only with the professional guidance of their Professional concerned.

Regards

CS Mohit Saluja

Practicing Company Secretary, Jalandhar

E-Mail Id: csmohitsaluja@gmail.com