Why there was a need of DIN?
In olden days, when there was no online portal, lot of frauds cases were filed because lot of companies had appointed any random person as Director of the company without knowledge of that person, because there were no system of identification number issued to the individual to act director, only KYC documents were demanded. Later on, it became extremely important for MCA to come up with the solution to reduce the number of fraud cases of fake director appointed on Board. When any individual is appointed as Director for the first time: Any individual appointed for Director for first time need to obtain DIN before placing his consent to the Board for his appointment as Director. DIN becomes his identification to act as Director in any Indian companies till the time DIN is not surrender or revoked. Even companies act 2013 and Secretarial Standards made it mandatory for Director to mention his / her DIN whenever they sign any documents on behalf of the Company as Director. What if someone obtain more than one DIN in his name? Surrender of DIN? Yes, but how: 1) First search on MCA after logged in, in DIN info, by searching with individual name, you will get the details of no of DIN issued on particulars name. 2) validate the same with the records of PAN. Only one DIN will have the records of PAN, others will be duplicate. 3) check whether all the forms and documents of Company have the original DIN. Procedure to surrender DIN: 1) Director to make application in Form DIR 5. 2) Affidavit duly notarized staying that Director has never used the duplicate DIN to be appointed as Director or to file any forms. 3) DIR 5 will be attached in RD 1 alongwith PAN, passport, affidavit and CTC of Board Resolution. Practical issues: Even after complying with all the requirement of the form, RD can still reject your application on the ground that the letter / show cause notice issued to the individual needs to be attached with the forms. DIN cell of MCA send the letter / show cause notice to individual carrying more than 1 DIN. It is not mandatory attachment, but still one should never miss that letter as attachment. Problem will come when individual know that he has more than one DIN and have not received any letter from DIN cell and still filing surrender of DIN. Contact ROC with all the details of multiple DIN and ask them to send one letter to individual which can then be attached as attachment for surrender of DIN.
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Official Blog Fema India Experts Connect with our Facebook Page:- Click and Like our Page Subscribe our Email updates like other 21,000 Members, Free/Easy/Comfortableway
In olden days, when there was no online portal, lot of frauds cases were filed because lot of companies had appointed any random person as Director of the company without knowledge of that person, because there were no system of identification number issued to the individual to act director, only KYC documents were demanded. Later on, it became extremely important for MCA to come up with the solution to reduce the number of fraud cases of fake director appointed on Board. When any individual is appointed as Director for the first time: Any individual appointed for Director for first time need to obtain DIN before placing his consent to the Board for his appointment as Director. DIN becomes his identification to act as Director in any Indian companies till the time DIN is not surrender or revoked. Even companies act 2013 and Secretarial Standards made it mandatory for Director to mention his / her DIN whenever they sign any documents on behalf of the Company as Director. What if someone obtain more than one DIN in his name? Surrender of DIN? Yes, but how: 1) First search on MCA after logged in, in DIN info, by searching with individual name, you will get the details of no of DIN issued on particulars name. 2) validate the same with the records of PAN. Only one DIN will have the records of PAN, others will be duplicate. 3) check whether all the forms and documents of Company have the original DIN. Procedure to surrender DIN: 1) Director to make application in Form DIR 5. 2) Affidavit duly notarized staying that Director has never used the duplicate DIN to be appointed as Director or to file any forms. 3) DIR 5 will be attached in RD 1 alongwith PAN, passport, affidavit and CTC of Board Resolution. Practical issues: Even after complying with all the requirement of the form, RD can still reject your application on the ground that the letter / show cause notice issued to the individual needs to be attached with the forms. DIN cell of MCA send the letter / show cause notice to individual carrying more than 1 DIN. It is not mandatory attachment, but still one should never miss that letter as attachment. Problem will come when individual know that he has more than one DIN and have not received any letter from DIN cell and still filing surrender of DIN. Contact ROC with all the details of multiple DIN and ask them to send one letter to individual which can then be attached as attachment for surrender of DIN.
Company Secretary GAURAV SHARMA+919990694230 Connect on Watts App with Gaurav Email us [email protected] Official Blog Fema India Experts Connect with our Facebook Page:- Click and Like our Page Subscribe our Email updates like other 21,000 Members, Free/Easy/Comfortableway