Ministry of Corporate Affairs has re-examined the process of allotment of Directors Identification Number (DIN) to be obtained u/s 266B of the Companies Act, 1956 and In order to speed up and simplify the process to obtain a DIN, the below mentioned procedure have been recommended.
Accordingly it issued a circular no. 5/2011 dated 04/03/2011 which was notified on 26/03/2011.
Guidelines for revised DIN Procedure:-
1. Application for DIN will be made on eForm ; No physical submission of documents shall be accepted and for this purpose Scanned documents along with verification by the applicant will be attached with the eForm.
Only online fee payment will be allowed i.e. No challan payment.
2. The application can also be submitted online by the applicant himself using his DSC.
3. DIN 1 eForm can be digitally signed by the professional who shall also confirm that he has verified the particulars of the Applicant given in the application.
4. Where the DIN 1 is verified by the professional, the DIN will be approved by the system immediately online.
5. In other cases the DIN cell will examine the application and same shall be disposed of within one or two days.
6. Companies (Directors Identification Number) Rules, 2006 are being amended on the above lines.
7. Penal action against the applicant and professional certifying the DIN application in case of false information / certification as per provisions of section 628 of the Act will be taken in addition to action for professional misconduct and revocation of DIN, allotted on false information
8. The above procedures is expected to enable allotment of DIN on the same day.
9. The above procedures applies to filing of DIN 4 intimating changes in particulars of Directors.
Procedure to be followed:-
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 .
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 generated.
· 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.
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).
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.
It can only be certified by the practicing professional ( i.e. CA/ CS/ CWA in whole time practise).
CAclubindia
