Key changes in DIN Application procedure

Introduction

According to section 152 (3) of the Companies Act 2013, No person is allowed to be appointed as a Director of a company unless he has been allotted the Director Identification Number (DIN) or any other number as may be prescribed under section 153. However, Rule 9 of the companies (Appointment & Qualification of Directors) Rules 2014 deals with the procedure for application of Director Identification Number (DIN). In this article, we will let you about a few changes in DIN application procedure.

Key changes in DIN application procedure

Following are the changes in DIN application procedure:

When an applicant is proposed to act as a director in an existing company—

Following documents are required along with E-form DIR 3 :

• Photograph (Passport sized)
• Identity Proof- PAN Card is a must for Indian Nationality and contain a date of birth which should be further entered in the E-form DIR 3
• Proof of Residence – Passport, Voter Identity Card, Ration card, Driving License, Electricity Bill, Telephone Bill or Adhaar shall be attached and should be in the name of an applicant only. It must be noted that the documents shall not be older than 2 months from the date of application. If there is a case of foreign nationality- 1 year. When the documents are in other languages i.e English or Hindi then it must be translated by a professional translator with his name, address, signature, and seal on the document.
• Resolution of board duly passed by the existing company in which the applicant is to be appointed as the director.

Identity Proof and Residence Proof must be self-attested by the applicant or duly attested by either public notary or a Gazetted Officer of a Government or by the Company Secretary in full-time employment/CEO/ CFO/ Managing Director of the existing company in which he is proposed to be a director. If the director is residing outside India then the attachment supporting documents should be attested by the consulate of the Indian Embassy, Foreign public notary. The E-form DIR 3 is to be digitally signed by the applicant using a class 2 digital signature certificate. Of course, there is no requirement of pre-certification of the E-form by a professional in whole time practice.

In case the applicant is proposed to act as a director of a new company:

At the time of incorporation, the application for the allotment of DIN must be made in E-form INC-32 (SPICe). It allows maximum three proposed directors to obtain fresh DIN by this process. Although, remaining directors not holding a DIN must apply once the company is incorporated.

According to Section 156 of the Companies Act 2013, “Every existing director shall intimate his Director Identification Number to the company or all companies wherein he is a director within one month of the receipt of Director Identification Number from the central government.” But this section applies to those directors who are functioning as a director in one or more companies on or before the 30th June 2007 as well as who has not yet intimated his DIN to such company or companies. However, the directors who have obtained their DIN after the commencement of this act and are appointed as the director in any company, do not need to make any such intimation to the company.

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