Company Law

DIN [S. 153, R. 9, 10, 11, 12, 12A]

1.

Who should obtain DIN [R. 9]

  • Every individual intending to be a director of a Co, and
  • Every individual intending to be appointed as a Designated Partner of a LLP

2.

Requisites / attachments to DIN application [R. 9(3)(a) & (4)]

  • if Indian National ⟶ Income tax PAN
  • if Foreign National ⟶ valid International Passport
  • Photograph, proof of identity, proof of residence, Specimen signature duly verified
  • In case the name of a person does not have a last name ⟶ his or her father’s or grandfather’s surname shall be mentioned in the last name along with the declaration in Form No. DIR 3A
  • board resolution proposing his appointment as director in an Existing Co, if applicable

3.

Application for DIN by a person intending to be [R. 9(3)(b)]

  • a director / DP of an Existing Co / LLP ⟶ apply for a DIN in Form No. DIR 3
    • to be signed and submitted electronically by the applicant using his / her own DSC and shall be verified digitally by :
      • a CS in full time employment of the Co or by the MD / director / CEO / CFO of the Co in which the applicant is intended to be appointed as director in an Existing Co
      • DP of the existing LLP in which he / she is intended to be appointed as a DP
  • a director of a proposed NewCo ⟶ apply for a DIN in Form No. INC 32 (SPICe or SPICe+, as the case may be)
    • maximum 3 directors’ DIN can be applied for alongwith incorporation of a NewCo
  • a DP of a proposed New LLP ⟶ apply for a DIN in Form FiLLiP (Form for Incorporation of Limited Liability Partnership)
    • maximum 2 directors’ DIN can be applied for alongwith incorporation of a LLP

4.

Validity of DIN [R. 10(6)]

  • DIN so allotted is valid for the life-time of the applicant, and
  • shall not be allotted to any other person

5.

Cancellation or Surrender or Deactivation of DIN [R. 11(1)]

  • Application in Form No. DIR 5 to cancel or deactivate the DIN possible only in following cases :-
    • DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;
    • DIN was obtained in a 19wrongful manner or by 20fraudulent means;
    • on the death of the concerned individual;
    • the concerned individual has been declared as a person of unsound mind by a competent Court;
    • if the concerned individual has been adjudicated an insolvent

6.

Deactivation and Re-activation of DIN [R. 11(2) & (3)]

  • If an individual who does not intimate his particulars in Form No. DIR-3-KYC / DIR-3-KYC-WEB as the case may be within stipulated time in accordance with R.12A ⟶ his / her DIN shall be deactivated
  • Such de-activated DIN shall be re-activated only after Form No. DIR-3-KYC / DIR-3-KYC-WEB as the case may be is filed along with the prescribed fee

7.

Changes in Particulars Specified in DIN Application [R.12 & 3rd proviso to
R. 12A]

  • To be intimated to CG in within 30 days in Form No. DIR 6
    • in case an individual desires to update his personal mobile number or the e-mail address, as the case may be ⟶ he shall update the same by submitting e-form DIR-3 KYC only (i.e. not possible to update through Form No. DIR 6)
  • To be intimated to Co in which he is a director within 15 days of such change