21 July 2024
Surrendering a Director Identification Number (DIN) involves following a specific procedure as per the guidelines of the Ministry of Corporate Affairs (MCA) in India. Here’s a step-by-step outline of how you can proceed to surrender a DIN:
### Step-by-Step Procedure to Surrender DIN
1. **Prepare Resignation Letter:** - Draft a formal resignation letter stating your intention to surrender the DIN. Include your full name, DIN, reason for surrendering the DIN, and a request to cancel the DIN.
2. **Board Resolution:** - If you are resigning as a director of a company, ensure that the board of directors passes a resolution accepting your resignation and noting the surrender of the DIN. This resolution should be recorded in the minutes of the board meeting.
3. **File Resignation with Company:** - Submit your resignation letter to the company for acceptance. Once accepted, the company should update its records and inform the Registrar of Companies (RoC) about the resignation and DIN surrender.
4. **Form DIR-5 Submission:** - Prepare Form DIR-5, which is used for surrendering DIN by a director. This form needs to be filled out accurately, providing details such as DIN, name, reason for surrender, etc.
5. **Attach Supporting Documents:** - Attach the following documents with Form DIR-5: - Copy of your resignation letter. - Board resolution accepting your resignation. - Any other relevant documents as required by MCA.
6. **Submit Form DIR-5:** - Once Form DIR-5 is completed and signed, submit it electronically on the MCA portal (www.mca.gov.in). Ensure all details are accurate and match the supporting documents.
7. **Payment of Fees:** - Pay the applicable fees for filing Form DIR-5 online. The fee structure can be checked on the MCA portal.
8. **Acknowledgment and Processing:** - After submission, you will receive an acknowledgment of Form DIR-5 submission. The RoC will process the request and may issue an approval once the surrender of DIN is confirmed.
9. **Update Records:** - Ensure that all records, including company records and your personal records, are updated to reflect the surrender of DIN.
### Additional Points to Note: - **Filing Requirements:** Form DIR-5 should be filed within 30 days of resigning as a director and surrendering the DIN. - **Penalties:** Failure to surrender DIN properly may result in penalties or legal implications. - **Legal Advice:** If you are uncertain about any steps or requirements, consider seeking professional advice from a company secretary or legal expert.
By following these steps and ensuring all documentation is complete and accurate, you can effectively surrender your DIN as per the requirements of the MCA.
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