Procedures under Companies Act, 2013

Application & Allotment of DIN to a proposed Director of a company

Director Identification Number (DIN) means an identification number allotted by the Central Government to any individual, intending to be appointed as director or to any existing director of a company, for the purpose of his identification as a director of a company.[Rule 2(d) of Companies (Appointment and Qualification of Directors) Rules, 2014].

According to the provisions of Section 152(3) of the Companies Act, 2013, no person shall be appointed as director of a Company unless he has been allotted the Director Identification Number under Section 154. Further in terms of section 153 any individual intending to be appointed as the director of the Company shall make an application to the central government for allotment of DIN.

No individual can have more than one DIN. [Section 155]

DIN once allotted shall be valid for lifetime. [Rule 10(6) of Companies (Appointment and Qualification of Directors)]

The following procedure is to be followed for application and allotment of DIN [Section 153 to 158 and Rule No. 9 to 12 of the Companies (Appointment and Qualification of Directors) Rules, 2014]-

  1. Ensure that the applicant obtains a Digital signature Certificate (DSC) before applying DIN.
  2. Following documents/details are required for obtaining DIN:
  • Copy of PAN card as ID Proof (For Indian Nationals)
  • Copy of Passport as ID Proof (For Foreign Nationals & Non Resident Indians)
  • Copy of Passport/Driving License/Voter Identity card/Electricity Bill/ Telephone Bill ,Bank account Statement or Aadhaar as Address Proof (not more than 2 months old in case of Indian nationals and not more than 1 year old in case of Foreign nationals)
  • Copy of latest passport size photograph
  • Date of Birth, Place of Birth, Educational Qualification & present occupation of Applicant
  • Phone No. & E-mail id of Applicant
  • Copy of verification by the applicant as per eForm No. DIR-4
  1. Make an application electronically with the Central Govt. in E-Form No. DIR-3 for Allotment of Director Identification Number along with such fees as provided in the Companies (Registration Offices and Fees) Rules, 2014. [Sec. 153 and Rule 9(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014]
  1. E-Form DIR-3 shall have the following as attachments:
  • Photograph in JPEG Format
  • Proof of Identity
  • Proof of residence
  • Declaration in Form No. DIR-3A, if applicable. [In case the name of a person does not have a last name, then his or her fathers or grandfathers surname shall be mentioned in the last name along with the declaration in Form No. DIR-3A (Rule 9(4) of Companies (Appointment and Qualification of Directors) Rules, 2014)]

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.

  1. E-Form No. DIR-3 is required to be digitally signed by applicant using his or her own Digital Signature Certificate and then same shall be digitally verified by -

  1. A chartered accountant or a company secretary in practice or a cost accountant in practice; or
  2. A company secretary in full time employment of the company or by the managing director or director of the existing company in which the applicant is proposed to be appointed a director; [Rule 9(3)(b) of the Companies (Appointment and Qualification of Directors) Rules, 2014]
  1. On submission of E-Form No. DIR-3 on the portal with the payment of requisite fees through online mode, an application number shall be generated by the system automatically .[Rule No. 10(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014]
  1. After generation of Application Number, the Central Government shall process the application, and on being satisfied communicate the same to the applicant along with the allotted DIN by letter of post or electronically or in any other mode, within a period of 1 month from the receipt of such application. [Section 154 and Rule No. 10(2) of the Companies (Appointment and Qualification of Directors) Rules, 2014].
  1. If Central Government, on examination, finds such application as defective or incomplete in any respect, it will give intimation of such defect or incompleteness, by placing it on the website and by email to the applicant who has filed such application, directing the applicant to rectify such defects or incompleteness by resubmitting the application within a period of 15 days of such placing on website or email.[Rule No. 10(3) of the Companies (Appointment and Qualification of Directors) Rules, 2014]

  1. The Central Government will-
  1. Either reject the application and direct the applicant to file fresh application with complete and correct information, if the defect has been rectified partially or the information given is still found to be defective;
  2. treat and label such application as invalid in the electronic record in case the defects are not removed within the given time; and
  3. Inform the applicant either by way of letter by post or electronically or in any other mode. [Proviso to Rule No. 10(3)of the Companies (Appointment and Qualification of Directors) Rules, 2014]
  1. In case of rejection or invalidation of application, the fee so paid with the application shall neither be refunded nor adjusted with any other application.[Rule No. 10(4)of the Companies (Appointment and Qualification of Directors) Rules, 2014]

Notes:

  1. All Director Identification Numbers allotted to individual(s) by the Central Government before the commencement of these rules shall be deemed to have been allotted to them under these rules.[Rule No. 10(5)of the Companies (Appointment and Qualification of Directors) Rules, 2014]
  1. The Director Identification Number so allotted under these rules is valid for the life-time of the applicant and shall not be allotted to any other person. [Rule No. 10(6)of the Companies (Appointment and Qualification of Directors) Rules, 2014]
  1. Every director, functioning as a director in one or more companies on or before the 30th June, 2007 and who has not yet intimated his DIN to such company or companies shall, within one month of the receipt of Director Identification Number from the Central Government, intimate his Director Identification Number to the company or all companies wherein he is a director as per Form DIR-3B. [Section 156 read with Rule 10(A)(1) of Companies (Appointment and Qualification of Directors) Rules, 2014]

  1. The intimation by the company to Registrar of Director Identification Number of its directors under section 157 of the Act shall be furnished in Form DIR-3C within fifteen days of receipt of intimation under section 156. [ Section 157 read with Rule 10(A)(2) of Companies (Appointment and Qualification of Directors) Rules, 2014]

  1. Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director.[Section 158].

  1. Common Reasons for Rejection of DIN Application
    1. Applicants name and fathers name mentioned in abbreviated form. The Name should be expanded even if the ID proof contains the name in abbreviated form.
    2. Mismatch in the Name and Fathers Name in DIN form with the ID (Identity) proof enclosed.
    3. Prefixes like Mr. / Ms. / Kumari / Shri etc. used in the applicants name.
    4. Residence proofs like:Bank Statements,Electricity Bill, Telephone Bill, Utility bills etc. submitted are older than 2 months of submitting the application for verification OR such documents are in the name of some other person, for example father or spouse.
    5. The supporting documents are not duly attested i.e. Name, Designation, Membership/ Practicing certificate number etc. are not clearly indicated. If the seal/ stamp does not contain membership/ practicing certificate number, same may be recorded by hand.
    6. Passport / Driving License / Identity proofs etc attached are expired. Only such documents which are currently valid should be attached.

Procedure Authors

ACS Divya Jain
ACS Palak Jain
ACS Ankita Jain
ACS Sugandh Jain
ACS Mansi Kapor
ACS Bhawna Sharma


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