03 January 2013
A Private Limited Company has filed DIN 3 for a Director with wrong designation i.e. instead of Managing Director they have filed the form with the designation-Director. Is it possible to file fresh Form DIN-3 by attaching a copy of Board resolution or else what is the remedy?
05 January 2013
director is required to fill up form DIN 4 with in a period of 30 day of such changes and intimate the regional direactor noida as well as to the company in which he is a director the requested change is taken into the system on verification of the proof encclosed with the application for change request
Querist :
Anonymous
Querist :
Anonymous
(Querist)
10 January 2013
Dear Sir,
But there is no possibility for changing Director's designation vide Form DIN 4. So we cannot file Form DIN 4. Suggest some other possible alternatives please.
1. File e-form DIR-6 for Change in Director’s Details DIR-6 is used to update or correct director’s particulars (address, email, etc.). However, it does NOT allow correction of designation. So this is NOT useful here. 2. File e-form MGT-7 (Annual Return) or DIR-12 (Appointment / Change of Director) The designation of directors is reflected in company’s records and filed forms like DIR-12 (for appointment / changes) and MGT-7 (annual return). Ensure that correct designation (Managing Director) is updated in DIR-12 when filing the appointment or change of director. Board resolution confirming the designation should be passed and filed with DIR-12. 3. Clarification Letter / Representation to MCA Since MCA portal doesn’t allow direct correction of designation in DIN-3, a letter explaining the mistake along with board resolution confirming correct designation can be submitted to MCA Regional Office. This is to request rectification in records. However, this is at MCA’s discretion and may take time. 4. Fresh DIN-3 Filing? No need and no provision to file fresh DIN-3 for the same director. DIN is unique and permanent for a director. Filing fresh DIN-3 for the same person is not allowed and MCA will reject. Practical Steps to Take:
Pass a Board Resolution appointing the director as Managing Director with correct terms. File DIR-12 with correct designation and attach the board resolution. Mention the issue of wrong designation in DIN-3 in your annual return (MGT-7). Optionally, write a letter to MCA explaining the error with supporting documents. Maintain the corrected designation in all company records and filings going forward.