Din to be mentioned with name of director everywhere

Co Act 2013 15275 views 13 replies

Sec.158 of Companies Act 2013 (effective from 1.4.2014) which is corresponding to Sec.266F of CA 1956 reads as under:

 

"Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director."

 

Hence we will have to mention DIN with the names of directors at all applicable places e.g. various returns, registers, minutes, annual report, letters to ROC, all documents to be filed with ROC, petitions to be filed with CLB/RD etc.

 

 

Replies (13)

thank you for the update sir...yes

Sir,

Whether it has to be mentioned at every place, where documents has been signed in the capacity of director but documents are not covered under Companies Act, 2013. 

Like POA, Authorisation letter etc.

Thanks a lot sir for sharing useful details..

Further, the Rule 7 of Chapter 24 i.e. The Companies (Registration Offices and Fees) Rules, 2014 also states as follow:

"Provided also that any correspondences (physically or electronically) and documents to be filed by any person shall contain name, designation, address, membership number or Director Identification Number, as the case may be, of the person signing such document and make sure correctness thereof and in no case, correspondence, merely with signature and writing authorised signatory shall be acceptable."

whether DIN is required to mention every time the name of director comes in one report?, eg. in annual report, names comes many time 

As Company Secretary also sign the Balance Sheet, is it require to mention the Membership Numnber of Company Secretary on the Balance Sheet?

 

Regards

Ashish Gupta

 

Mr. Agarwal

Please clarify if DIN is required to mentioned in minutes  also and if yes at every place where  directors name is mentioned.

Thanks

 

does DIN have to be mentioned in all ROC related forms,resolutions or everywhere like invoices and where director signature is necessary?

 

Sir,

can you please clarify that whether any penalty is there or not in contravention of sec 158 of the Companies Act, 2013?

As Sec 172 States that 

172. Punishment

If a company contravenes any of the provisions of this Chapter and for which no specific punishment is provided therein, the company and every officer of the company who is in default shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees.

 

Regards,

CS Jyoti Srivastva.

 

Dear Sir,

Plz Clarify is the DIN also Compulsory in financial Accounts of Company and all other Authority letters Signed by the Directors.

 

Thanks And Regard :

Himanshu Lodha

Dear Sir,

Whether name and address of directors is also compulsory along with DIN No?

Thanks

Dear Sir,

Whether name and address is also compulsory to indicate along with DIN No?

Thanks

As per my views, the name, designation and DIN No. is required to be mentioned at every place, where the director will sign. Moreover wheerever the name of director is being used even in any resolution, the DIN required to be mentioned.

As per rule 7 of chapter 24

"Provided also that any correspondences (physically or electronically) and documents to be filed by any person shall contain name, designation, address, membership number or Director Identification Number, as the case may be, of the person signing such document and make sure correctness thereof and in no case, correspondence, merely with signature and writing authorised signatory shall be acceptable."

But the same is applicable to....

"7. Manner and conditions of filing.- Every application, financial statement, prospectus, return, declaration, memorandum, articles, particulars of charges, or any other particulars or document or any notice, or any communication or intimation required to be filed or delivered or served under the Act and rules made there under, shall be filed or delivered or served in computer readable electronic form, in portable document format (pdf) or in such other format as has been specified in any rule or form in respect of such application or form or document or declaration to the Registrar through the portal maintained by the Central Government on its web-site or through any other website notified by the Central Government"

So, in my view, address to be mention in above said conditions only.


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