15 November 2017
My query is that apart form the documents which is required to sign under Companies act , is it optional to mention the DIN on other documents submitted to Bankers and BMC ?
i have gone through the below para. But need the clarity on it .
DIN to be mentioned with Director’s Signature compulsorily wef 01.04.2014
DIN to be mentioned with Director’s Signature (Section 158) Now, Director’s name & DIN (Director Identification Number) has to be mentioned with their signature on all the documents to be signed in the capacity of director. PENALTY: – Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 10,000/- and where the contravention is continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues. IMMEDIATE ACTIONS TO BE TAKEN:- One should ensure that DIN is written, wherever he is signing as Director of the Company. During our practice we observed that Directors are not mentioning DIN even on Papers, Returns, Balance Sheet, Annual Return etc. they are filing with ROC, CLB or Regional Director while One should ensure that DIN is written, wherever he is signing as Director of the Company. EXTRACT OF SECTION 158 OF THE COMPANIES ACT, 2013 Section 158 – Obligation to indicate Director Identification Number Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director. ----------- -----------------------------------
DIN with Director’s Signature w.e.f. 1st April ’14 – Mandatory October 9, 2014 Now, Director’s name & DIN (Director Identification Number) has to be mentioned with their signature on all the documents to be signed in the capacity of director. PENALTY: – Company and every officer of the company who is in default or such other person shall be punishable with fine which may extend to Rs. 10,000/- and where the contravention is continuing one, with a further fine which may extend to Rs. 1,000/- for every day after the first during which the contravention continues. IMMEDIATE ACTIONS TO BE TAKEN One should ensure that DIN is written, wherever he is signing as Director of the Company. Sec.158 of Companies Act 2013 (effective from 1.4.2014) which is corresponding to Sec.266F of CA 1956 reads as under: “Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.” Hence we will have to mention DIN with the names of director’s at all applicable places e.g. various returns, registers, minutes, annual report, letters to ROC, all documents to be filed with ROC, petitions to be filed with CLB/RD etc. ---- -----------------------
Other supporting :
Rule 7 of Chapter 24 i.e. The Companies (Registration Offices and Fees) Rules, 2014 also states as follow: "Provided also that any correspondences (physically or electronically) and documents to be filed by any person shall contain name, designation, address, membership number or Director Identification Number, as the case may be, of the person signing such document and make sure correctness thereof and in no case, correspondence, merely with signature and writing authorised signatory shall be acceptable."
16 November 2017
Section 158 talks about mentioning DIN on documents/returns relating to companies act 2013. But it is advisable to mention in other documents as well when person is signing in the capacity of director
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