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SURRENDER OF ‘DIRECTOR IDENTIFICATION NUMBER’

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SURRENDER OF ‘DIRECTOR IDENTIFICATION NUMBER’
By: Mr. M. GOVINDARAJAN
October 4, 2018
All Articles by: Mr. M. GOVINDARAJAN       View Profile
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Director

Section 2(34) of the Companies Act, 2013 (‘Act’ for short) defines the term ‘director’ as a director appointed by the Board of a company. 

Director Identification Number

Section 152(3) of the Act provides that no person shall be appointed as a director of a company unless he has been allotted the Director Identification Number (‘DIN’ for short) under section 154 or any other number as may be prescribed under section 153.   Section 152(4) of the Act provides that every person proposed to be appointed as a director by the company in general meeting or otherwise, shall furnish his Director Identification Number or such other number as may be prescribed under section 153 and a declaration that he is not disqualified to become a director under this Act.

Section 153 of the Act provides that every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in Form DIR – 3 on the MCA portal along with such fees as may be prescribed.  The provisional DIN shall be generated by the system automatically which shall not be utilized till the DIN is confirmed by the Central Government.    After generation of the provisional DIN, the Central Government shall process the applications received for allotment of DIN decide on the approval or rejection thereof and communicate the same to the applicant along with the DIN allotted in case of approval by way of a letter by post or electronically or in any other mode, within a period of one month from the receipt of such application.

The Central Government may prescribe any identification number which shall be treated as Director Identification Number for the purposes of this Act and in case any individual holds or acquires such identification number, the requirement of this section shall not apply or apply in such manner as may be prescribed.

Surrender of DIN

Rule 11(f) provides the procedure for surrender of DIN by the Director.  For this purpose the Director is to apply in Form No. DIR – 5.  The application is to be digitally signed.

The reasons for surrender of DIN may be as follows-

  • Having multiple DINs;
  • DIN was obtained in a wrongful manner or by fraudulent means
  • Death of the concerned individual
  • Concerned individual is declared as a person of unsound mind by a competent court
  • Concerned individual has been adjudicated as insolvent
  • Concerned individual is/was not associated with any company.

The following information is to be furnished in DIR – 5-

  • Name of DIN holder;
  • Father’s name;
  • His latest passport size photograph;
  • Reasons for surrender of DIN;
  • Details of DIN/s to be retained by the applicant;
  • No of DINs to be surrendered;
  • Details of DINs to be surrendered;
  • Contact details of the applicant.

Fee payable

The fee payable is ₹ 1000/-.  No late fee or additional fee is required to be paid.

Documents to be attached

The following documents are to be attached along with DIR – 5-

  • Proof of identity of the applicant - Identity proofs like Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card
  • Proof of residency of the applicant –
  • Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar shall be attached and should be in the name of applicant only.

In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.   In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.

  • Affidavit including declaration that retained DIN will be updated with all associated CIN/LLPIN
  • Copy of court order declaring DIN holder as insolvent/unsound mind
  • Copy of death certificate in case of death of the Director.

In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable.   Any other information can be provided as an optional attachment(s).

Declaration

The applicant is to file declaration that Information and other particulars given in this form are true and correct.

Certificate by practicing professional

The filling of the surrender of DIN may be certified by a practicing Company Secretary or a practicing Cost Accountant or a practicing Chartered Accountant.    The certificate shall be as detailed below-

  • Declaration that he has been duly engaged for the purpose of certification of this form.
  • Satisfying himself about the identity of the applicant based on perusal of the original of the attached document. (In case where the applicant is residing outside India the particulars have to be verified from the documents duly attested by the attesting authority as prescribed.
  • He has gone through the provisions of the Companies Act, 2013 and Rules there under for the subject matter of this form and matters incidental thereto and he has verified the above particulars (including attachment(s)) from the original records maintained by the applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed.
  • He is to further certify that all the required attachments have been completely and legibly attached to this form and it is understood that he shall be liable for action under Section 449 of the Companies Act, 2013 for wrong certification, if any found at any stage.

Processing of the form

The form will be processed in Non STP mode.  On successful submission of the eForm DIR-5, SRN will be generated and shown to the user which will be used for future correspondence with MCA and the status of the DIN will be changed to be surrendered. Upon successful approval of the form the status of the surrendered DIN will be deactivated which will be the final disabled status of the DIN. “Surrendered” status is only till the form is approved. If the form is rejected, then the status will change to approved DIN as earlier to filing of the form.

Approval mail shall be sent to the email ID of the applicant and to the user who has filed the eForm.   After verification, an email is sent to the applicant for the approval/rejection/resubmission as the case may be.

 

By: Mr. M. GOVINDARAJAN - October 4, 2018

 

 

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