Whether an individual (DIN holder) can surrender his DIN, If Such person not holding any directorship at present, but held directorship in past and used his DIN only once?
Saksham Garg (Article Assistant ) (115 Points)
19 March 2019Whether an individual (DIN holder) can surrender his DIN, If Such person not holding any directorship at present, but held directorship in past and used his DIN only once?
CS Vasudev Sharma
(Service)
(405 Points)
Replied 19 March 2019
No, If you use the DIN once you can not surrender it unless the person dies.
Kala Kiran
(464 Points)
Replied 20 March 2019
CS Vasudev Sharma
(Service)
(405 Points)
Replied 25 March 2019
Extract of rule 11 of Appointment and qualification rules, 2014
11 Cancellation or Surrender or Deactivation of DIN. (1) The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received 1[alongwith fee as specified in Companies (Registration Offices and Fees) Rules, 2014] from any person, cancel or deactivate the DIN in case - (a) the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number; (b) the DIN was obtained in a wrongful manner or by fraudulent means; (c) of the death of the concerned individual; (d) the concerned individual has been declared as a person of unsound mind by a competent Court; (e) if the concerned individual has been adjudicated an insolvent: Provided that before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual; (f) on an application made in Form DIR-5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN: Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records.
The rules are self explanatory in this matter. |