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Director has two DIN's

28 September 2021

Hi Sir, one director has two din's out of one which is deactivated due to no submiting form DIR3 KYC, for another one which we try to file form DIR 3 KYC now - while click on prescrutiny button it is showing that PAN is already existed against another din( i.e which is deactivated as i said earlier) . Now what we have to do

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160332 Points)
Replied 28 September 2021

Pursuant to section 153 of the Companies Act 2013, the holder of the duplicate/multiple DIN should make an application for its surrender to the regional director concerned by making an application in Form DIR-5 accompanied with a declaration on an affidavit to be notarized.

The affidavit should state that the concerned person has never been appointed as director in any company and that the said DIN has never been used to file any document with any authorities. As the Form DIR-5 is a physical one, it is to be attached in Form RD-1, and the same should be filed with the regional director.

Once Form DIR-5 is filed as attachment in Form RD-1, an application for compounding of offence under Section 441 should be filed in Form GNL-1. Then the concerned authorities for NCLT would pass an order for compounding of offences.

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160332 Points)
Replied 28 September 2021

Procedure for Filing form DIR 5

Any DIN holder intending to surrender DIN may file Form DIR 5 for the same with MCA. While filing the said form the DIN holder shall mandatorily follow the prescribed procedure and provide the following information:

1. Name of the DIN holder: First, Last and Middle name
2. Father’s Name: First, Last and Middle name
3. Reason for surrendering DIN: Reason maybe anyone from below listed-

Having Multiple DIN’s
DIN was obtained in a wrongful manner or by fraudulent means
Death of the concerned individual
DIN holder is declared as a person of unsound mind by the competent court.
Concerned Individual has been adjudicated as insolvent
DIN holder is/was not associated with any company/LLP

4. Whether the DIN holder is retaining any DIN: if yes, in that case, the DIN holder shall provide the number of the oldest DIN which is being retained by him.
5. Number of DIN(s) being surrendered by the DIN holder: Along with the details of DIN number to be surrendered from which Name of DIN holder, Father’s name shall be auto-filled.
6. Contact details of DIN Holder: Contact number and Email id of DIN Holder
7. The digital signature of the DIN holder who is surrendering DIN

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (160332 Points)
Replied 28 September 2021

Procedure for filing E Form RD 1

E form RD 1 is required for making and seeking approval of the Regional Director for undertaking any of the listed purposes in the Companies Act. While filing RD 1, the following data is required to be provided mandatorily:

CIN No of the company in which the concerned person is a director; by the use of Oldest DIN
The purpose of surrendering DIN
Brief details of the application made through this form
Digital signatures of the director filling form for surrendering DIN

The form RD 1 shall be filed with the regional director after attaching the required annexures. The list of annexures that shall form part of RD 1 are as follows: