All the individuals who are the directors of the company are provided with an 8-digit unique number called Director Identification Number (DIN). If the person wants to become a director in the company, they must have the DIN.
As per Section 153 of the Companies Act, 2013, Every individual intends to make the application to the Central Government for the allotment of DIN and after the approval of the application, the DIN is allotted from the DIN Cell, Ministry of Corporate Affairs, Government of India.
DIN has lifetime validity. Through DIN, the information of the directors are kept in a database.
Relevant Forms for DIN
There are primarily five forms linked with DIN:
- DIR-3 Form – Application form for DIN allotment (for existing companies)
- SPICe Form – Application form for DIN allotment (for new companies)
- DIR-3C Form – Application form for DIN allotment (intimated by the company)
- DIR-6 Form - Application form for changing details submitted in DIR-3
- DIR-5 Form - Application form for surrendering DIN
Information And Documents Required for DIN of Indian National
The following information and documents are required for the application of DIN for Indian Nationals:
- Color Photograph (In JPEG Format)
- General information required: Name of Applicant, Father’s Name, Whether a citizen of India, Nationality, Whether resident in India, Occupation type (Self Employed, Professional, Homemaker, Student, Serviceman), Area of Occupation (Government/ Teaching/ Business/ Professional/ Government Employment/ Private Employment /Housewife/ Student/ Others), Educational Qualification (Primary education/ Secondary education/ Vocational qualification/ Bachelor's degree/Master’s degree/ Doctorate or higher/ Professional diploma/ Others), Date of birth, Gender, Place of Birth, Mobile No., Email ID, Permanent Address, Present Address, Whether present residential address same as permanent residential address, Duration of stay at present address.
- Proof Of Identity of Applicant: Income-tax PAN is a mandatory requirement for proof of identity and one more proof such as a passport, election (voter identity) card, Aadhaar Card and driving license.
- Proof of Address of applicant: Any one Address Proof like an electricity bill, Bank Statement, telephone bill shall be attached and should be in the name of the applicant only and documents should not be older than 2 months from the date of filing of the e-form.
- Digital Signature of Class 3 required.
Information and Documents Required for DIN of Foreign National
The following information and documents are required for the application of DIN for Foreign Nationals:
- If the foreign national is from the country China, Pakistan, Bhutan, Myanmar, Afghanistan, Nepal, and Bangladesh, then that foreign national shall require a Government of India under sub-rule (1) of rule 10 before applying for a DIN.and a security clearance from the Ministry of Home Affairs.
- Color Photograph (In JPEG Format)
- General information required: Name of Applicant, Father’s Name, Occupation type (Self Employed, Professional, Homemaker, Student, Serviceman), Area of Occupation (Government/ Teaching/ Business/ Professional/ Government Employment/ Private Employment /Housewife/ Student/ Others), Educational Qualification (Primary education/ Secondary education/ Vocational qualification/ Bachelor's degree/Master’s degree/ Doctorate or higher/ Professional diploma/ Others), Date of birth, Gender, Place of Birth, Mobile No., Email ID, Permanent Address, Present Address, Whether present residential address same as permanent residential address, Duration of stay at present address.
- Proof of Identity of Applicant: A passport is a mandatory requirement for proof of identity.
- Proof of residence of applicant: Any one Address Proof like an electricity bill, Bank Statement, telephone bill shall be attached and should be in the name of the applicant only and documents should not be older than 2 months from the date of filing of the e-form.
- All the documents of foreign nationals shall be notarized and apostilled in the English language.
- Digital Signature of Class 3 required.
What is A Digital Signature Certificate (DSC)?
A DSC is a Digital Signature Certificate provided by the Office of Controller of Certifying Authorities, which issues certificates only to Certifying Authorities (CAs). CAs issue Digital Signature Certificates to end entities and individuals.
For obtaining the DIN it is mandatory for every individual must have the DSC. DSC is valid for two years and is provided in the USB token.
DIN Application Process
Any person intending to become a director in an existing company or in a new company shall have to make an application in e-Form DIR-3 (for the existing Company) or E-Form Spice (for the newly incorporated Company) and should follow the following procedure:
- First, we have to attach the photograph, fill in the general information in the form and also attach the scanned copy of supporting documents. i.e. proof of identity, and residence proof.
- Secondly, we have to mention the CIN of the existing Company and the DIN of the Director or the PAN of the CS/CFO/CEO who will digitally sign Form DIR-3.
- Form DIR-3 requires Applicant’s signature and will be verified online by the Director, CS, Managing Director, CFO or CEO of the existing company wherein the applicant is intended to be appointed as a director.
- After uploading Form DIR-3 on MCA V-3 Portal, we have to pay the filing fees of Rs. 500 from the online mode (i.e. Net banking / Credit Card/Debit Card/UPI) on the Bharat Khosh Site linked with MCA V-3 Portal.
- After the successful payment of the Form, the receipt of the Form is generated.
- The Form DIR-3 is processed by the Department and once the status get approved on the MCA V-3 Portal, the DIN allotment letter is generated from the DIN Cell, Ministry of Corporate Affairs, Government of India.
- In case, details of e-Form DIR-3 are found as potential duplicates, the same gets directed to DIN cell for back-office processing. Once the form is approved, provisional DIN gets converted to approved DIN and will be available for further use.
What if the DIN Application is gone for Resubmission?
DIN application gets resubmission if incorrect details are submitted; the Central Government provides a period of 15 days to rectify the errors.
The Rectification of Form DIR-3 will be done by filing Form DIR-6 to the Department and the same shall be approved by the professionals i.e. CS/CA/CWA who are in the whole-time practice.
The Form DIR-6 has no government fees and the same shall be approved automatically and further if it is found in the scrutiny that some incorrect details are there then the professional and applicant of DIN are liable for penalty imposed by the Ministry of Corporate Affairs.
Reasons for Cancelling or Surrendering DIN
Once DIN is allotted to the individual cannot be cancelled or surrendered and continues to be in his name as it is.
Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014 the grounds on which a DIN may be surrendered due to the following reasons:
- When the DIN Holder uses fraudulent methods to obtain the DIN.
- A duplicate DIN has been issued to the DIN Holder.
- On the death of the DIN Holder.
- The DIN Holder is declared insolvent.
- The unsound mind of the DIN Holder.
Conclusion
A DIN is a unique number that acts as a medium to get precise details of directors of a company and is kept in a secure database of the Ministry. Since the number is unique the details can easily be checked by the Ministry. In case you want to begin your own business, or you are a director without a DIN, applying for it as soon as possible will be appropriate to avoid potential legal issues.