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Consequences of not filing DIN-4 by this month

manoj kumar (cs) (130 Points)

23 May 2011

Dear Frnds

As you all must be aware of that as per the recent notification of the ministry of corporate affairs all existing directors, who have not intimated their PAN number at the time obtaining DIN, need to file DIN-4 along with their self attested copy of PAN and a verification letter in annexure-2 with the DIN CELL latest by 31st of this very month.

I just wanted to know what are the consequences for not filing the above mentioned documents within this 31st May??

manoj kumar

company secretary

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8 Replies

Gopika (Asst Manager-Compliance) (223 Points)
Replied 26 May 2011

Otherwise DIN will become in active

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Mayuri Lal (officer CS) (748 Points)
Replied 27 May 2011

hey

the circular is silent

it is anticipated that the din will become inactive .

Its no where written bout teh consequences.

Correct me if m rong

SANTOSH SHAH (Company Secretary) (754 Points)
Replied 27 May 2011

Originally posted by : manoj kumar
	Dear Frnds As you all must be aware of that as per the recent notification of the ministry of corporate affairs all existing directors, who have not intimated their PAN number at the time obtaining DIN, need to file DIN-4 along with their self attested copy of PAN and a verification letter in annexure-2 with the DIN CELL latest by 31st of this very month. I just wanted to know what are the consequences for not filing the above mentioned documents within this 31st May?? manoj kumar company secretary

Dear Manoj

Though the circular is silent, but not filing the PAN for existing directors vide DIN-4 is a kind of non-compliance with MCA.

Also you would not be on par with the Ministry. The Ministry is taking efforts to streamline activities and may be requiring

PAN Details as the basis for alignment.

Am not sure if DIN will be inactive but Not filing the DIN-4 PAN details may affect your company in future.

So it would be in the interest of company to comply with the MCA Circular.

Other views solcited.

regards

Santosh Shah

Vikas (Company Secretary) (51 Points)
Replied 27 May 2011

It is true that the notification is silent about the consequences but I think the consequences will be same as provided under section 266 G of the Companies Act i.e. Rs. 5000/- and Rs. 500/- per day for continuing offences.

Views of other learned members are solicited.

Jayant Suthar (FCS, CWA) (103 Points)
Replied 28 May 2011

Dear all

Penalty u/s 266G for contravention of provisions of section 266A or section 266C or section 266D or section 266E, which is for

Application for allotment of DIN

Prohibition to obtain more than one DIN

Obligation of director to intimate DIN to concerned company or companies

Obligation of company to inform DIN to Registrar

Hence, a Directors have already DIN and intimated by him to the company and company aready intimated to ROC, therefore there is no penalty u/s 266G

hence, nothing contain in these section prescribed for

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Vikas (Company Secretary) (51 Points)
Replied 28 May 2011

Mr. Jayant,

You have correctly briefed about the various provisions relevant to DIN. However, what I said earlier are my personal views. Section 266D imp[oses obligation on every director to intimate his DIN to the Company / Companies. Moreover, Rule 7 of DIN Rules obliges director to intimate the Changes to the Company/Govt.

So I have just pointed out a possible implication. As I have already said that - "the notification is silent regarding the consequences."

Gopika (Asst Manager-Compliance) (223 Points)
Replied 03 June 2011

DIN holders who have not furnished their PAN earlier at the time of obtaining DIN, are required to furnish their PAN by filing DIN-4 e-form by 30^th September, 2011 failing which their DIN will be disabled and they shall also be liable for heavy penalty.

ARUN KUMAR MAITRA (Practicing Company Secretary) (1016 Points)
Replied 11 May 2012

What is the last date to file DIN-4 to furnish PAN, if a director while applying for DIN has not intimated his PAN? Is this requirement applicable also to the directors of a Pvt. Ltd. Company?

A.K.Maitra