Trust all of you enjoying our corporate law updates. Today I would like to share one write-up regarding the surrender of Directors Identification Number (DIN). Hope you will share this with your loved ones.
Applicable Section – Section 153 of the Companies Act, 2013 & Rule 11 (f) of Companies (Appointment and Qualification of Directors) Rules, 2014.
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 such form and manner and along with such fees as may be prescribed.
(f) on an application made in Form DIR-5 by the DIN holder to surrender his or her DIN along with the declaration that he has never been appointed as the 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.
Application for surrender of DIN in e-form DIR-5 can be filed with any reason such as DIN is unused and not intended for future reference also or multiple DINs are allotted to the same person or DIN holder is no more/has become of unsound mind or insolvent etc. This application will further be processed by RD-North Region.
Reason for the surrender of DIN
- Having multiple DINs
- DIN was obtained in a wrongful manner or by fraudulent means
- Death of the concerned individual
- The concerned individual is declared as a person of unsound mind by a competent court
- The concerned individual has been adjudicated as insolvent
- Concerned individual is/was not associated with any company/LLP
- Photo in JPEG
- Proof of Identity (Pan, Aadhaar, Passport, Voter card and Driving License)
- Proof of Residence (Aadhaar, Passport, Voter card, Driving License, Ration Card and Utility Bill)
- In case of multiple DINs, Affidavit including the declaration that retained DIN will be updated with all associated CIN/LLPIN.
- Board resolution and Affidavit (In case of Multiple DIN)
- In case of unsound mind and insolvency, the copy of court order declaring HIN holder insolvent/unsound mind
- In case of death, a copy of the death certificate.
- In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
- In case of a foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.
- Contact Number and Email ID of the applicant is mandatory.
- Government Fees – Rs 1000/-
- The form will be processed in Non-STP mode.
Format of Affidavit
- DIN No: __________
- DIN No: __________
- The DIN No. __________________________has been inoperative from the date of allotment. The Said number has not been used before Ministry of Corporate Affairs and/or any other authority and also I am not holding the Directorship with any company.
- I shall hereby undertake and indemnify in writing to indemnify any person for any losses that may arise pursuant to the cancellation of above DIN.
We verify that the contents of this Affidavit are true to the best of our knowledge and belief.
Place: Delhi Date: 24.05.2018