The Concept of DIN
DIN (Director Identification Number) is a unique identification number allotted under section 153 and 154 of the Companies Act 2013 to an individual who is an existing director of a company or intends to be appointed as director of a company as per the aforesaid provisions.
For the purpose of obtaining DIN, any person who intends to be appointed as a director of the company may file an application to the Central government upon the receipt of which the Office of the Regional Director (Northern Region) will allot the DIN.
Let’s look at the procedure for obtaining DIN :-
An application in e-Form DIR-3 should be made by the person applying for DIN and thereafter following procedure should be followed :-
- e-Form DIR-3 should be filed through the process of e-filing on the MCA portal at mca.gov.in.
- No Physical documents are required to be submitted at DIN cell and therefore a scanned copy of identity proof and residence proof as per the guidelines along with a photograph should be attached.
- Verification as per Form DIR-4 containing Name of the applicant, Father’s Name, D.O.B, text of declaration and physical signature of the applicant shall also be attached along with all supporting documents.
- The e-Form should compulsorily be digitally signed and then uploaded on the MCA21 portal.
- The fees for e-Form DIR-3 shall pe paid upon upload. It is to be noted that no challan payment will be accepted under revised procedure of DIN allotment and therefore only electronic payment (Net banking/ Credit Card) is allowed.
For this, the applicant is required to obtain login id by registering himself on the MCA portal as this is necessary for payment of the fees. After obtaining the login-id, the applicant is required to login to the MCA21 portal and click on ‘e-Form upload’ link available under the ‘e-Forms’ tab for uploading the e-Form DIR-3. For the processing of e-form DIR-3, DIN application fee must be paid.
- After the successful upload and payment, Form DIR-3 should compulsorily be signed by an Applicant and a practicing professional or secretary (who is a member of ICSI) in whole time employment or the Director of the existing company.
NOTE :- On the basis of potential duplicacy of the details provided, 2 kinds of DIN are generated : Approved and Provisional
Approved DIN is generated in case the form is being signed by a practicing professional and details have not been identified as potential duplicate whereas Provisional DIN shall be generated in case form is signed by secretary in whole time employment or Director of existing company and details have been found as potential duplicate.
A suitable informational message and an email shall be provided to the user that the DIN shall be approved after due verification by the DIN cell.
- Processing of e Form DIR-3
The DIN will be approved by the system immediately online (in case it is not potential duplicate) if Form DIR-3 gets certified by the professional (i.e. CA (in whole time practice)/ CS(in whole time practice)/ CWA (in whole time practice).
- Post-approval changes in DIR-3
If there is any change in the particulars submitted in e-form DIR-3, applicant can submit e-form DIR-6 online. For instance in the event of change of address of a director, he/ she is required to intimate this change by submitting e-form DIR-6 along with the required attested documents.
DIR-6 should be signed by an applicant and a CA, CS or CWA in whole time practice
Precautions while filing DIR-3
- In case of Indian applicants, PAN is mandatory therefore the details provided should be the same as per the PAN details.
- The particulars filled in form DIR-3 and the details given in the supporting documents should match in order to avoid rejection of the DIN application.
Documents required to be attached with DIR 3
- High resolution photograph of the applicant
- PAN is mandatory now. So copy of pan is mandatory for identity, name, father’s name and date of birth. Proof of father’s name is not required in the case of foreign nationals
- Copy of passport is mandatory as an id proof in the case of foreign nationals.
- Present Address proof which should not be older than 2 months
- Verification as per form DIR-4 as per the format given on the website
When DIN application may be rejected
DIN application is rejected on the basis of (i) Non submission of necessary documents and (ii) Invalid supporting documents
On the basis of Non Submission of necessary documents
- Non submission of proof of identity of the applicant
- Non submission of proof of father’s name of the applicant.
- Non submission of proof of date of birth of the applicant
- Non submission of proof of residential address of the applicant
- Non submission of copy of passport (for foreign nationals)
On the basis of Invalid supporting documents
- The supporting documents are invalid or expired.
- The proof of identity submitted has not been issued by a Government Agency.
- The application/enclosed evidence has handwritten entries.
- The submitted application is a duplicate DIN application and already one application of that applicant is pending or approved.
- The submitted application does not have photograph affixed.
- The signatures are not appended to the prescribed place.
- The applicant’s name filled in application form does not match with the name in the enclosed evidence.
- The applicant’s father’s name filled in application form does not match with the father’s name in the enclosed evidence.
- The applicant’s date (DD/MM/YY) of birth filled in application form does not match with the date of birth in the enclosed evidence.
- The address details filled in the application do not match with those contained in the enclosed supporting evidence.
- The gender is not entered correctly in Form DIR-3.
- Identification number entered in application does not match with the identity proof enclosed.
- If enclosed documents are not self-attested.