Any person who intends to be a Director of a corporation or Designated Partner of a LLP is required to possess a legitimate Director number (DIN) or Designated Partner number (DPIN). Such person meaning to apply for DIN are going to be required to form an application in e-Form DIR-3.
The purpose behind using DIN
The following points are the aim of using DIN
Documents Required for Director Identification Number
Following documents are going to be required for filing e-form DIR-3:
1. Photograph of applicant (in jpeg format);
2. Proof of Identity of applicant:
3. Proof of residence of applicant:
Address proofs like passport, election (voter identity) card, and card , driver's license , electricity bill, phone bill or aadhaar shall be attached and will be within the name of applicant only.
Procedure to get DIN
There are three different forms:
Spice Form (Application of First Directors just in case of latest Companies)
SPICe form is employed by the primary directors of latest companies.
The intended one that has not obtained DIN shall make an application through e-Form SPICe.
The documents which got to be attached are
- Proof of identity
- Proof of Address.
Only after the approval of the shape, DIN would be allocated.
DIR-3 Form (Application of Directors just in case Of Existing Companies)
DIR-3 Form is employed by the one that is meaning to become a director of the prevailing company.
Procedure to get DIR-3 Form
Two supporting documents got to be attached that is:
- Photograph of the concerned applicant.
- Proof of identity and Proof of residence.
Physical documents aren’t necessary to submit.
The form shall be mandatorily signed by the applicant and therefore the same shall be verified digitally by a:
- Company Secretary (who is full-time employment of the company)
- director or manager.
- Chief military officer or Chief treasurer .
The fee shall be allowed to pay only through electronic mode.
Verification of e Form
The common explanation for rejection
DIN application gets rejected under the subsequent circumstances:
• Non-submission of supporting documents
• The appliance becomes invalid on the want of supporting documents.
Disqualifications of Directors
The following points the investors to understand how DIN might be useful in knowing the disqualification of directors:
Legal consequences of not filing DIN
Consequences of not filing annual returns
According to Companies Act 2013, every company who haven’t filed their annual returns to MCA within the sixty days of the Annual General Meeting and within 30 days for a budget , shall be held liable.
Directors got to make sure that the corporate is adhering to rules and regulations. Directors are held accountable within the case the corporate makes default compliance or dues payable.
Directors disqualification & Fine and Imprisonment
In case the corporate has not filed its annual returns for the continual three years and every one the person’s who were directors during that point are going to be disqualified and his/her DIN would automatically get cancelled and he would become “inactive” and that they such persons are going to be prohibited from further appointment as a director for the amount of 5 years from the date of disqualification.
Further, he/she would be imprisoned for a term extended up to 6 months or with a fine not lesser than fifty thousand and it’d reach one lakh, just in case director has not filed even after 270 days from the date on when the corporate should have filed.
Consequences of e-Form DIR-3 KYC
What is KYC and who has got to fill it?
In order to update its registry, MCA is conducting know Your Client(KYC) of all the administrators of the businesses annually through eForm, DIR-3 KYC.
Who has got to fill it?
Every director who has been allotted a Director number and whose status possesses approved on or before 31st March are applicable to file eForm.
After the maturity of which KYC form has got to be filed, and every one the sorts of DIN which are previously marked approved are going to be now in deactivated status with the rationale of “non-filing of DIR-3 KYC”. Once the prescribed fee is paid it’ll be activated.
Procedure for change of object clause
Digital Signature certificate
Digital Signature certificate
Additional of director
Frequently Asked Questions
Answer: DIN is an 8-digit Unique Director number allotted by the Central Government to a person meaning to become a Director/Designated Partner of a company/LLP.
Answer: Only Individual meaning to become director/Designated Partner during a company/LLP can file an application for allotment of DIN. Individual could also be resident in India or outside India.
Answer: Yes, DIN and DPIN are same. Only the terminology changes thanks to the designation of the individual. If a private are going to be appointed as director, it’s referred to as DIN. And for Designated partner, it’s DPIN (Designated Partner Identification Number)
Answer: SPICe Form:
Application for allotment of DINs to the proposed first Directors in respect of latest companies shall be made in SPICe form only.
- DIR-3 Form:
Any person meaning to become a director in an already existing company shall need to make an application in eForm DIR-3 for allotment of DIN.
- DIR-6 Form:
Any changes within the particulars of the administrators shall be filed in form DIR-6
To apply for DIN, the above forms are to be filed electronically. it’s to be digitally signed then uploaded on the MCA21 portal
(Get in touch with our experts contacts us at firstname.lastname@example.org)
- Form DIR-3 is required to be filed for the allotment of DIN just in case a private is meaning to be appointed as Director/Designated partner in an Existing company/LLP respectively.
In case, a person is meaning to become a director during a new Company, is required to use for the allotment of Director number only through Spice form at the time of incorporation.
- Photograph of the applicant in jpeg format.
- Id proof of the applicant in pdf Format
iii. Address proof of the applicant in pdf Format
iv.Board resolution of an existing company during which the individual is meaning to be appointed as Director in pdf
Answer: Steps to be followed to file the appliance in Form DIR-3 for allotment of DIN. Form DIR-3 is required to be filed online.
- One can download form DIR-3 from the MCA portal under the top “Forms and Downloads”
- Extract the shape within the folder.
iii. Fill the small print like Name, father’s name, date of birth, education qualification, permanent address, present address, mobile number, email id of the applicant
- Attach the specified documents mentioned above
- Put the detail of company during which individual is meaning to be appointed as director, like CIN of the prevailing company and DIN of 1 of the administrators of an existing company.
- Affix the digital signature of the applicant and director of existing company
vii. Upload the shape on the MCA portal and make payment.
viii. DIN are going to be allotted and mentioned within the paid challan of the shape .
Answer: Make the payment Rs. 500/- for the shape DIR-3. Only electronic payment of the fees shall be allowed (i.e. Net banking /Credit Card/Debit Card/Pay later/ NeFT).
Answer: Upon upload and successful payment, just in case of Form DIR-3 details haven’t been identified as potential duplicate, Approved DIN shall be generated and if the small print are identified as potential duplicate, Provisional DIN shall be generated.
In case, details of form DIR-3 are found as potential duplicate, an equivalent gets routed to DIN cell for back-office processing. Upon approval of the shape , provisional DIN becomes approved DIN and would be available for further use.
Answer: DIN for foreign nationals are often obtained by providing a replica of the foreign national’s passport that’s notarized and apostilled. The passport copy attached for the foreign national DIN applicant must contain the date of birth of the applicant. If the passport doesn’t include the date of birth, then a further proof containing the date of birth must be submitted, duly certified or attested. Further, just in case of proofs which are in languages aside from Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal. within the case of foreign nationals, translation done by the notary of the house country is additionally acceptable.
Answer: The DIN application may get rejected thanks to the subsequent reasons:
- Required documents aren’t attached while submitting the appliance
- The documents submitted are incorrect.
- While filling the appliance form, wrong details are entered.
- The small print mentioned within the form, have discrepancies with reference to the small print found within the proofs submitted.
- Incorrect filing of the shape . Example: If a private is meant to fill the SPICe form, but he accidentally fills the DIR-3 form.
- Documents aren’t self-attested.