1. What is Director Identification Number (DIN)?
It is an unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company pursuant to section 266A & 266B of the Companies Act, 1956 (as amended vide Act No 23 of 2006).
2. Who can file an application for allotment of DIN ?
Any individual, who is an existing director of a company or intends to be appointed as a director of the company, can file an application for allotment of DIN.
3. Who will allot the DIN ?
Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs, NOIDA) will allot the DIN.
4. What is the procedure of obtaining DIN?
As per the revised procedure for DIN Allotment, any person intending to apply for DIN shall have to make an application in eForm DIN 1 and should follow the following procedure:
1. eForm DIN-1 has to follow the offline eFiling process . For more details regarding the same visit eFiling FAQ's .
2. Attach the photograph and scanned copy of supporting documents i.e. proof of identity, and proof of residence as per the guidelines. Physical documents are not required to submit at DIN cell.
3. Along with the supporting documents, verification by the applicant for applying for allotment of Director Identification Number (DIN) shall also be attached. This shall contain the Name, Father’s name, date of birth and text of declaration and physical signature of the applicant.
4. The eForm shall have to be digitally signed and shall be uploaded on MCA21 portal.
5. Upon upload, Pay the fees for DIN1 eForm. Only electronic payment of the fees shall be allowed (I.e. Netbanking / Credit Card). No challan payment will be accepted under revised procedure of DIN allotment.
The applicant is required to get himself/herself registered on the MCA21 Portal to obtain login id, which is necessary for payment of the fees. After obtaining the login-id, Login to the MCA21 portal and click on 'eForm upload' link available under the 'eForms' tab for uploading the eForm DIN 1. eForm DIN-1 will be processed only after the DIN application fee is paid.
6. Upon upload and successful payment,
· In case Form DIN 1 is signed by a practicing professional and details have not been identified as potential duplicate, Approved DIN shall be generated and if the details have been identified as potential duplicate, Provisional DIN shall be genrated.
· In case Form DIN 1 is signed by an applicant or by the Managing Director/ existing director of the Company in which the applicant is a Director or the Company Secretary in full time employment of the Company, or details have been identified as a potential duplicate, provisional DIN shall be generated.
7. Processing of e Form DIN 1
In case, DIN 1 gets certified by the professional ( i.e. CA/ CS/ CWA in whole time practise), the DIN will be approved by the system immediately online(in case it is not potential duplicate). In case of signing by any other signatory (i.e. director/ Managing Director/ secretary of the company with which applicant is to be associated), the MCA DIN cell will examine the e Form DIN 1 and same shall be disposed of within one or two days.
8. Intimate approved DIN to your Companies
On approval of DIN, intimate your DIN to all the company (ies) (within a period of 30 days from the date of approval) in which you are a Director, in form DIN-2. Form DIN-2 can be downloaded and printed from the 'DIN' link on the homepage of MCA portal.
9. Company to intimate your DIN to ROC
After the Director has intimated the DIN allotted to the company(ies). The Company(ies) is/are then required to intimate the DINs of its directors to the ROC in Form DIN-3 within a period of seven days of receiving form DIN-2.(Filing of DIN-3 is applicable only in cases, where the date of appointment of director(s) in such company(ies), is prior to September 1 , 2007)
10. Post-approval changes in particulars of DIN-1
If there is any change in the particulars submitted in form DIN-1, applicant can submit e-form DIN-4 online. For instance in the event of change of address of a director, he/ she is required to intimate this change by submitting eform DIN-4 along with the required attested documents.
5. Who can sign e-Form DIN 4?
The e-Form DIN-4 is required to be digitally signed only by a Chartered Accountant or a Company Secretary or a Cost Accountant (in whole- time practice).
6. What things should be taken care of while filling form DIN-1?
No prefixes like Mr. / Ms. / Kumari / Shri etc should be used in filling the applicant’s name.
Enter the applicant’s name and father’s name in full and do not use abbreviations, even if the ID proof contains the name in abbreviated form. Abbreviations in the middle name may be accepted, if such abbreviated middle name is appearing in the enclosed identity proof. Also if middle name is given on the document, same should be mentioned on the application.
The particulars filled in form DIN-1 should match with the details given in the supporting documents to be submitted along with DIN application. Any mis-match will lead to rejection of DIN application.
The e-Form DIN 1 should be digitally signed either by applicant or CA/ CS/ CWA or director/ Managing Director/ secretary of the company with which applicant is to be associated
7. Whether any fee is payable along with application for allotment of DIN?
Yes, DIN application fee of Rs. 100/- is payable w.e.f. 1st July, 2007.
8. How to enquire about the status of the payment made for Form DIN-1?
Status of the payment made for Form DIN-1 can be enquired from 'Track Payment Status' link on the homepage of www.mca.gov.in.
9. What are the scanned documents required to be attached with DIN 1?
· High resolution photograph of the applicant
· Proof of identity;
· Proof of residence;
· Proof of Date of birth
· Proof of father’s name. Proof of father’s name is not required in the case of foreign nationals
· Affidavit in the case of single name as per the guidelines
· Copy of passport in the case of foreign nationals
10. What information should an ID proof contain?
ID proof must be currently valid and issued by the Central / State Government or Instrumentalities of state like PSUs, Public Sector Banks, Universities recognized under the UGC Act. It should contain following information:
· Applicant's name with photograph
· Father's Name
· Date of Birth
11. What things should be taken care of with regard to supporting documents?
Please ensure following before attaching supporting documents with DIN application:
· Documents submitted are currently valid and not expired.
· Documents issued by LIC may be enclosed as Date of Birth and Address proof.
· Bank Statements, Utility Bills like telephone, electricity bill etc furnished as residence proof are in the applicant's name only and not older than two months.
· All supporting documents attached with form DIN-1 must be duly attested by an authorized person/ authority.
· In case the director is illiterate, thumb impression should be certified from the concerned revenue authority (where the applicant resides) and then all the documents should be notarized or attested OR if applicant is not in a position to sign the application due to medical reasons and affixed thumb impression on the application then duly attested medical certificate from Government hospital is must with the application stating the reason of his / her ailment.
12. What is the validity period of provisional DIN generated on line by the applicant?
Sixty days from the date of generation of provisional DIN on-line.
13. How to apply for DIN as my name/ my father's name does not have a Last name?
If the name of a person does not have a last name, then his/ her father's first name should be filled in the mandatory 'Last Name' field. In such a case, an affidavit duly notarized by a Notary Public should also be submitted along with DIN application, in the format given below:
Specimen/Format of Affidavit:
(If ID proof has single name for applicant)
I ____ (Applicant Name as per id proof), residing at _______(Address as per address proof) do solemnly affirm and stated as under:
I am _____ and my name _______, appearing on the enclosed ID proof, is single name. My father’s name is ________________. For applying DIN application of mine, I am mentioning my father’s name "____________" as my Last name, as this a mandatory requirement for applying DIN. (Referred point no. 16 in FAQ at www.mca.gov.in ). Both names denote one and the same person.
I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.
Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908) and same should not be attested either by Chartered Accountant or Company Secretary or Cost Accountant.
(If ID proof has single name for applicant’s father)
I am _____ and my father’s name _______, appearing on the enclosed ID proof, is single name. My grandfather’s name is ________________. For applying DIN application of mine, I am mentioning my grandfather’s name " ____________" as my father’s Last name, as this a mandatory requirement for applying DIN. (Referred point no. 16 in FAQ at www.mca.gov.in ). Both names denote one and the same person.
I solemnly state that the contents of this affidavit are true to the best of my knowledge and belief and that it conceals nothing and that no part of it is false.
Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908) and same should not be attested either by Chartered Accountant or Company Secretary or Cost Accountant.
14. What are the additional information/ documents required in case of a foreign national?
Details of a valid passport should be filled in form DIN-1 and a certified copy of same should be attached with DIN application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the Managing Director / CEO / Company Secretary of the company registered in India, in which applicant is a director. If a foreign director has a valid multiple-entry Indian visa or Person of Indian Origin card or Overseas Citizen of India card, then the attestation could also be done by Public Notary / Gazetted Officer in India or practicing CA / CS / CWA.
15. What are the grounds for rejection of DIN application?
A provisional DIN is approved only after scrutiny of the documents attached with the application. Some of the common mistakes committed by applicants and on account of which the DIN application gets rejected are as under:- Non payment of DIN application fee.
· The DIN application fee is not paid
Non-submission of supporting documents
· The proof of identity of the applicant is not submitted.
· The proof of father's name of the applicant is not submitted.
· The proof of date of birth of the applicant is not submitted.
· The proof of residential address of the applicant is not submitted.
· The Affidavit (for applicant or his/her father's name being a single name) is not submitted.
· The copy of passport (for foreign nationals) is not submitted
Invalid Application/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 prefixes/ suffixes like Mr. / Ms. / Kumari / Shri / Late/Ji etc. are used in the applicant's name or applicant's father's name field in Form DIN-1.
· The gender is not entered correctly in Form DIN-1.
· Identification number entered in application does not match with the identity proof enclosed.
· The application does not contain the valid Service Request Number (SRN) through which the DIN application fee is paid.
Improper Attestation of documents
· The attesting authority has not put his signature.
· The documents have not been attested by authorized person.
· Applicant's photograph has not been attested by an authorized person.
· The proof of identity has not been attested by an authorized person.
· The proof of father's name has not been attested by an authorized person.
· The proof of date of birth of the applicant has not been attested by an authorized person.
· The proof of residential address has not been attested by an authorized person.
· The particulars of the attesting authority are incomplete (e.g. professional's name, designation, membership number, stamp/seal).
16. My DIN application has been rejected. Am I required to obtain a fresh provisional DIN?
Yes, you will have to obtain a fresh provisional DIN.
17. My DIN application has been put under Resubmission. Am I required to obtain a fresh provisional DIN?
No. If the DIN application is put under Resubmission due to following reasons, you can submit additional documents for rectifying your DIN application, within a period of 15 days from the date on which it is marked as Resubmission
· Proof of Identity/ residence is not enclosed or expired.
· Proof of Date of Birth is not enclosed.
· Supporting documents are not properly attested .
· Non-submission of affidavit (if required).
On resubmitting with the additional documents, same DIN will be approved.
18. What is the validity of regular DIN (say one year or two years)?
A regular DIN allotted by Regional Director (NR) NOIDA is valid for the Life-time of the individual and shall not be allotted to any other person during his life time.
19. Within what period a director is required to intimate the DIN to the company and is there any form prescribed for this?
Within 30 days from the date of receipt of DIN from Regional Director (NR) NOIDA. The prescribed form is DIN 2 which is available on MCA portal free of charge.
20. Whether company or director himself is required to intimate ROC about allotment of DIN?
Only company is required to intimate DIN of its Directors to the ROC in Form DIN-3. Director is required to inform the company concerned in which he is director within 30 days of receipt of regular DIN from Central Govt.
21. Is there any last date fixed at present for filing DIN-2 and DIN-3?
Rules for allotment of DIN have been notified on 19 th October 2006 and made effective from 01 st November 2006 requiring Director to intimate his DIN (Form DIN-2) to the Company within a period of 30 days from the date of receipt of DIN from RD(NR) NOIDA. Company is required to file DIN-3 with Registrar of Companies within 7 days from the date of receipt of DIN-2 from its director(s).
Directors who have obtained DIN prior to notification of rules, are required to intimate the company their DIN in Form DIN-2 within 30 days from the date of notification of DIN Rules (i.e. 01 st November 2006) and company is required to file the said intimation with ROC in next 7 days.
22. Whether DIN-2 is required to be filed along with DIN-3 in original?
Yes (Scanned copy of original). In case the Director has not received the letter, he/she can get a print-out of status from MCA portal and attach.
23. Whether DIN Allotment letter issued by MCA is also required to be filed along with DIN-3 with ROC?
‘Yes, it is an attachment to form DIN-2.
24. DIN-2 is to be given within 30 days of receipt of intimation regarding approval of DIN. In this case what will be the date of approval because in many cases DINs have been approved but no intimation has been received so far.
In such cases time will start from the date of receipt of DIN from Central Government.
25. Whether DIN 2 can be given without receipt of intimation from MCA DIN Cell.
No. DIN 2 can only be given on receipt of intimation from Central Government.
26. Is there any filing fee for form DIN-3?
Yes, filing fee as prescribed under Schedule X of companies Act, 1956 is payable w.e.f 1st July, 2007 with additional fee, if applicable.
Yes. DIN-3 can be filed multiple times as it is required to be filed within seven days from the receipt of intimation from director. However, the company must mention the total number of Directors on its Board and the number of Directors in respect of whom the DIN is being filed. The DIN-3 filed in respect of Directors once should not be reiterated in the subsequent filings of DIN-3.
28. What procedure has to be followed, if there is any change in particulars of Director?
Director is required to download and fill up eForm DIN-4 for such changes and follow the same process for uploading the same as mentioned for eForm DIN 1. The requested change is taken into the system on verification of the proof enclosed with the application for change request. In the case of change in applicant’s name, gazette notification is must with DIN-4 form. Married ladies, who are having Id proof with their maiden name, can submit marriage certificate along with application.
29. What are the penal provisions for non compliance of provisions of the Act and rules?
Section 266G of the Companies Act, 1956 (Amended vide Companies (Amendment) Act, 2006) provides for penalty for default relating to non-compliance of section 266A or 266C or 266D or 266E of the Act. The penalty is in the form of a fine which may extend to Rs.5000/- and where the contravention is a continuing one, with further fine which may extend to Rs. 500/- for every day after the first during which the contravention continues.
30. How long form DIN-3 is required to be filed?
In case of directors, managers or secretaries appointed till 30th June, 2007, filing of form DIN-3 is mandatory. However, for appointments made on or after 1st July, 2007, form DIN-3 is not required to be filed.
31. Whether form DIN-3 is also required to be filed in case of newly incorporated companies?
Yes, companies incorporated till 30th June, 2007 are required to file form DIN-3. However in case of companies incorporated on or after 1st July, 2007, form DIN-3 is not required to be filed.
32. Whether provisional DIN can be used for e-filing?
No, from 1st July, 2007 approved DIN is mandatory for e-filing. However, form 1A can be filed with provisional DIN.
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