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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.

Bu 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 the 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 ATTACHED 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 DFATE 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 gadget and copy of such gadget shall be attached with such form

2. After publishing in the official gadget, 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

Note: In case there is change of spelling mistake or some addition or deletion of some middle name like kumar etc., then such change may be applied for without publishing in official gadget. Ex.: name in PAN Card is Kharabanda while in DIN, 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 gadget. 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 gadget that his name has been changed Pankaj to Sunil and such cutting of official gadget is required to be attached in E-form and will be applied then.

Regards:
CS Mohit Saluja,
Mohit Saluja & Associates,
Company Secretaries, 2nd Floor,
Malhotra Complex, Sehdev Market, Jalandhar City,
csmohitsaluja@gmail.com


 

Published by

CS MOHIT SALUJA
(PRACTICING CS, Jalandhar, 9914558709)
Category Corporate Law   Report

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