05 September 2014
Dear Sir, I have applied DIN -1 on 08/12/2012. Attached PAN card copy, Voter ID card and Annexure -1. PAN card and Voter ID card verified from originals. Now My question is - Is it MANDATORY to have physical presence of applicant at the office before uploading DIN -1 or thereafter uploading FORM 32 for director appointment in a company?? If any Circular or Guideline support that no physical presence required please share that note. It is very urgent for me. Thanks in advance.
06 September 2014
Divesh Ji, Could u state the Section or Rule of companies act 1956 or circular, notification etc by which it is clear that physical presence is not much required.
25 July 2024
In India, the process of applying for Director Identification Number (DIN) and subsequently filing Form DIR-32 for director appointment involves specific requirements under the Companies Act. Here’s a breakdown of the requirements and the necessary details regarding physical presence:
### Director Identification Number (DIN-1)
1. **Application Process:** - DIN-1 is filed electronically on the Ministry of Corporate Affairs (MCA) portal. - Physical presence of the applicant is **not mandatory** at the MCA office for submitting DIN-1.
2. **Supporting Documents:** - You mentioned attaching copies of PAN card and Voter ID card, which are required as proof of identity and address respectively. - These documents need to be verified against their originals. This verification can typically be done by a practicing professional (like a Chartered Accountant or Company Secretary) who certifies the authenticity of the documents.
3. **No Requirement for Physical Presence:** - As per the Companies Act, there is **no explicit requirement** for the applicant to be physically present at the MCA office for submitting DIN-1. - The process is entirely online, and documents can be verified and certified by a practicing professional on behalf of the applicant.
### Form DIR-32 (Director Appointment)
1. **Submission Process:** - Form DIR-32 is used for appointing a director in a company and must be filed electronically on the MCA portal. - Similar to DIN-1, there is **no requirement** for the director appointee to be physically present at the MCA office for filing Form DIR-32.
2. **Verification and Certification:** - The documents required for Form DIR-32, such as consent to act as director, identity proof, address proof, etc., should be verified and certified by a practicing professional. - The certified documents are uploaded electronically along with Form DIR-32.
### Circular or Notification
- There is no specific circular or notification that mandates physical presence for filing DIN-1 or Form DIR-32. The Companies Act and relevant rules focus on electronic filing and submission of documents, facilitated through the MCA portal.
### Conclusion
In summary, for both DIN-1 and Form DIR-32: - Physical presence of the applicant at the MCA office is **not required**. - Documents like PAN card, Voter ID card, etc., can be verified and certified by a practicing professional on behalf of the applicant. - Ensure all documents are correctly filled out, verified, and certified before electronically submitting them on the MCA portal.
For the most accurate and updated information, always refer to the latest provisions of the Companies Act and any relevant guidelines issued by the Ministry of Corporate Affairs. If in doubt, consulting with a qualified professional like a Chartered Accountant or Company Secretary is advisable.
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