Archive for the ‘DIN’ Category


Notification, [F. No. 1/1/2011-CL V], Dated 05.06.2012

G.S. R….. (E).- In exercise of the powers conferred by clause (a) and (b) of sub-section (1) of section 642 read with sections 266 A, 266 B and 266 E of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, further to amend the Companies (Director Identification Number) Rules, 2006 namely:-

1.  Short title and commencement

(1)      These rules may be called the Companies Director Identification Number (Second Amendment) Rules, 2012.

(2)      They shall come into force with effect from 11th June, 2012.

2. In the Companies (Director Identification Number) Rules, 2006, in form DIN-1, after serial number 4, the following serial number shall be inserted, namely:-

“4A. Whether resident in India    Yes/No”

Renuka Kumar

Joint Secretary to Govt. of India

Note: – The principal notification was published vide number G. S. R. 649 (E), dated the 19th October, 2006 and subsequently amended vide the following notifications:-

S. No

Notification Number

Date

01 GSR 14 (E) 09.01.2007
02 GSR 265 (E) 29.03.2007
03 GSR 849 (E) 15.10.2010
04 GSR 258 (E) 26.03.2011
05 GSR 427 (E) 02.06.2011
06 GSR 507 (E) 05.07.2011
07 GSR 395 (E) 28.05.2012

Click here to download the complete text of the above Notification in PDF Format- G.S.R. (E) dated 05.06.2012.

Source: Ministry of Corporate Affairs.


Notification

Dated 28.05.2012

[F.No. 2/1/2011-CL V]

G.S.R……(E).- In exercise of the powers conferred by clause (a) and clause (b) of sub-section (1) of section 642 read with sections 266 A, 266 B and 266 E of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, further to amend the Companies (Director Identification Number) Rules, 2006 namely:-

1. Short title and commencement

(1) These rules may be called the Companies (Director Identification Number) Amendment Rules, 2012.

(2) They shall come into force with effect from 29th May, 2012.

2. In the Companies (Director Identification Number) Rules, 2006,-

(a) after FORM NO. DIN 1, in Annexure 1, for item (i) and entries relating thereto, the following shall be substituted, namely:-

“(i) The photograph and document attached to the Form DIN-1 belongs to me. I further confirm that all required documents have been duly attested by me or duly attested by either Public Notary or a Gazetted Officer of a Government and are attached to the Form DIN-1 and”.

(b) in FORM NO. DIN-4,

(i) in serial number 2, after the box and words “ Present Residential address”, the following shall be inserted, namely:-

  • Photograph of Director/designated Partner.
  • Residential Status
  • Verification as per Annexure- 1 of DIN rules
  • Verification as per Annexure- 2 of DIN rules

(ii) After serial number 6 and entry relating thereto, the following shall be inserted, namely:-

” 6A. Whether resident in India- Yes/ No

(iii) in Attachments, against serial number 1, in the entry, the asterisk mark ‘*’ shall be omitted.

(c) after FORM NO. DIN 4, in Annexure 2, –

(i) in item (i) after sub-item (I) and entry relating thereto, the following shall be inserted, namely:-

“(m) Photograph of Director/designated partner

(n) Residential Status

(o) Verification as per Annexure- 1 of DIN rules

(p) Verification as per Annexure- 2 of DIN rules”;

(ii) for item (ii) and entry relating thereto, the following shall be substituted, namely:-

“(ii) The photograph and document attached to the Form DIN-4 belongs to me. I further confirm that all required documents have been duly attested by me or duly attested by either Public Notary or a Gazetted Officer of a Government and are attached to the Form DIN-4 and”.

Renuka Kumar

Joint Secretary

Note: – The principal notification was published vide number G. S. R. 649 (E) dated the 19th October, 2006 and subsequently amended vide the following notifications:-

S. No.

 

Notification Number Date
01 GSR 14 (E) 09.01.2007
02 GSR 265 (E) 29.03.2007
03 GSR 849 (E) 15.10.2010
04 GSR 258 (E) 26.03.2011
05 GSR 427 (E) 02.06.2011
06 GSR 507 (E) 05.07.2011

Click here to download the complete text of the above Notification in PDF Format- Notification- Companies (Director Identification Number) Amendment Rules, 2012.

Source: Ministry of Corporate Affairs.


General Circular No. 4/2012, No 2/1/2011-CL.V, Dated the 9th March, 2012

To

All Regional Directors

All Registrar of Companies.

In continuation of General Circular Nos. 32/2011 dated 31.05.2011, 66/2011 dated 04.10.2011 and 70/2011 dated 15/12/2011 on the subject cited above, I am directed to say that the time for filing form DIN-4 by DIN holders for furnishing PAN and to update PAN details has been extended upto 30.04.2012.

Click here to download the above Circular- General Circular No. 4/2012 dated 09.03.2012.

Source: Ministry of Corporate Affairs


1. Is this form applicable for opening account in any bank/branch anywhere in India?

Presently, only following banks are covered opening of corporate bank account through MCA:

  • ICICI Bank
  • HDFC Bank
  • Andhra Bank
  • Kotak Mahindra Bank

2. Whether only director can be assigned as an authorized person on behalf of the Company?

No, it is not mandatory to assign the director to act as a authorized person. Any other person associated with the company can also be assigned as a authorized person. In case the authorized person is a director, then his/ her DIN shall also need to be provided along with the income tax PAN.

3. What information to be given under ‘Sources of Fund’, if company is newly incorporated?

User shall provide the information related to the main source of future income i.e. either through trading business, manufacturing unit, provisioning/ rendering of services, etc under ‘Sources of Fund’.

4. Under ‘Expected Balance’ whether Minimum Balance or Maximum Balance is to be given?

User shall provide the minimum balance which he/ she is expecting to maintain in the bank account to be opened.

5. How to update the details in case of any changes made relating to Authorised Person/Address/Bank Branch etc?

There is no facility to make any changes/ updations through this form. User is required to contact the concerned bank branch for such corrections/updations.

6. Who will be the approval authority of the form?

Concerned bank in which the bank account is to be opened shall be the approval authority of the form.

7. Is it a mandatory to file this form for every company being incorporated in MCA21 system?

No, It is not mandatory for every company to file this form. This is an additional facility provided to the corporate for opening of their bank account through MCA portal without the need of submitting physical papers with the bank and thereby reducing the overall service delivery time.

8. Is it possible to open the account in the earlier process (submission of physical documents) after implementation of the new process?

Yes, User has the option either to open the bank account through the earlier process (submission of form physically in the bank) or through the new process (online submission of form on the MCA portal).

9. Can a company change the bank and/or branch through the MCA21 system?

There is no facility to make any changes/ updations in bank / branch details through the MCA21 system. User has to contact the concerned bank/ branch for any changes/ updations in the details.

10. Can an existing account holder change the bank and branch details by filing such form?

No, this form is for opening of a new corporate bank account only. For correction/modification in details of already opened bank account, the user shall be required to contact the concerned bank/ branch.

Source: Ministry of Corporate Affairs.


Frequently Asked Questions (FAQs) on Revised DIN Process (w.e.f. 27 March, 2011)

1. What is Director Identification Number (DIN)? 

It is an unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company pursuant to section 266A & 266B of the Companies Act, 1956 (as amended vide Act No 23 of 2006).

2. Who can file an application for allotment of DIN?

Any individual, who is an existing director of a company or intends to be appointed as a director of the company, can file an application for allotment of DIN.

3. Who will allot the DIN?

Central Government (Office of Regional Director (Northern Region), Ministry of Corporate Affairs, NOIDA) will allot the DIN.

4. What is the procedure of obtaining DIN?

As per the revised procedure for DIN Allotment, any person intending to apply for DIN shall have to make an application in eForm DIN 1 and should follow the following procedure:

  1. eForm DIN-1 has to follow the offline eFiling process . For more details regarding the same visit eFiling FAQ’s.
  1. Attach the photograph and scanned copy of supporting documents i.e. proof of identity, and proof of residence as per the guidelines. Physical documents are not required to submit at DIN cell.
  1. Along with the supporting documents, verification by the applicant for applying for allotment of Director Identification Number (DIN) shall also be attached. This shall contain the Name, Father’s name, date of birth and text of declaration and physical signature of the applicant.
  1. The eForm shall have to be digitally signed and shall be uploaded on MCA21 portal.
  1. Upon upload, Pay the fees for DIN1 eForm. Only electronic payment of the fees shall be allowed (I.e. Netbanking / Credit Card). No challan payment will be accepted under revised procedure of DIN allotment.

The applicant is required to get himself/herself registered on the MCA21 Portal to obtain login id, which is necessary for payment of the fees. After obtaining the login-id, Login to the MCA21 portal and click on ‘eForm upload’ link available under the ‘eForms’ tab for uploading the eForm DIN 1. eForm DIN-1 will be processed only after the DIN application fee is paid.

  1. Upon upload and successful payment,

In case Form DIN 1 is signed by a practicing professional or secretary (who is a member of ICSI) in whole time employment of the existing company in which applicant is to be associated and details have not been identified as potential duplicate, Approved DIN shall be generated and if the details have been identified as potential duplicate, Provisional DIN shall be generated. A suitable informational message and an email shall be provided to the user that the DIN shall be approved after due verification by the DIN cell/ RD(NR).

This shall also be applicable to potential duplicate cases identified in Form DIN4.

  1. Processing of e Form DIN 1

In case, DIN 1 gets certified by the professional (i.e. CA(in whole time practice)/ CS(in whole time practice)/ CWA (in whole time practice)/secretary (who is member of ICSI) in whole time employment of the existing company in which applicant is to be associated), the DIN will be approved by the system immediately online (in case it is not potential duplicate).

  1. Intimate approved DIN to your Companies

On approval of DIN, intimate your DIN to all the company (ies) (within a period of 30 days from the date of approval) in which you are a Director, in form DIN-2. Form DIN-2 can be downloaded and printed from the ‘DIN’ link on the homepage of MCA portal.

  1. Company to intimate your DIN to ROC

After the Director has intimated the DIN allotted to the company(ies). The Company(ies) is/are then required to intimate the DINs of its directors to the ROC in Form DIN-3 within a period of seven days of receiving form DIN-2.(Filing of DIN-3 is applicable only in cases, where the date of appointment of director(s) in such company(ies), is prior to September 1 , 2007)

  1. Post-approval changes in particulars of DIN-1

If there is any change in the particulars submitted in form DIN-1, applicant can submit e-form DIN-4 online. For instance in the event of change of address of a director, he/ she is required to intimate this change by submitting eForm DIN-4 along with the required attested documents.

5. Who can sign e-Form DIN 4?

The e-Form DIN-4 is required to be digitally signed by a Chartered Accountant or a Company Secretary or a Cost Accountant in whole- time practice or Secretary (who is member of ICSI) in whole time employment of the existing company.

6. What things should be taken care of while filling form DIN-1? 

Please note that Income Tax PAN is mandatory in case of Indian applicants so the applicant details (name, father’s name, date of birth) should be as per the PAN details. The particulars filled in form DIN-1 should match with the details given in the supporting documents to be submitted along with DIN application. Any mis-match will lead to rejection of DIN application.

The e-Form DIN 1 should be digitally signed by a practicing professional (CA/ CS/ CWA).

7. Whether any fee is payable along with application for allotment of DIN?

Yes, DIN application fee of Rs. 100/- is payable w.e.f. 1st July, 2007.

8. How to enquire about the status of the payment made for Form DIN-1?

Status of the payment made for Form DIN-1 can be enquired from ‘Track Payment Status’ link on the homepage of www.mca.gov.in.

9. What are the scanned documents required to be attached with DIN 1?

  • High resolution photograph of the applicant
  • PAN is mandatory now. So copy of pan is mandatory for identity, name, father’s name and date of birth. Proof of father’s name is not required in the case of foreign nationals
  • Copy of passport is mandatory as an id proof in the case of foreign nationals.
  • Present Address proof which should not be older than 2 months
  • Annexure – 1 as per the format given on the website

10. What things should be taken care of with regard to supporting documents?

Please ensure following before attaching supporting documents with DIN application:

  • Documents submitted are currently valid and not expired.
  • Documents issued by LIC may be enclosed as Date of Birth and Address proof.
  • Bank Statements, Utility Bills like telephone, electricity bill etc furnished as residence proof are in the applicant’s name only and not older than two months.
  • All supporting documents attached with form DIN-1 must be duly attested by an authorized person/ authority.
  • In case the director is illiterate, thumb impression should be certified from the concerned revenue authority (where the applicant resides) and then all the documents should be notarized or attested OR if applicant is not in a position to sign the application due to medical reasons and affixed thumb impression on the application then duly attested medical certificate from Government hospital is must with the application stating the reason of his / her ailment.

Source: Ministry of Corporate Affairs.