Companies (Director Identification Number) Rules, 2006 - GSR 649(E). - Companies Law

MINISTRY OF COMPANY AFFAIRS NOTIFICATION NO. GSR 649(E), New Delhi, the 19 th October, 2006 Subject:- Companies (Director Identification Number) Rules, 2006 GSR 649(E).- In exercise of the powers conferred by clauses (a) and (b) of sub-section (1) of section 642 read with sections 266A, 266B and 266E of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, namely Short title and commencement. 1. (1) These rules may be called the Companies (Director Identification Number) Rules, 2006. (2) The Central Government hereby appoints 1-11-2006 as the date on which the provisions of these rules shall come into force. Definitions. 2. In these rules, unless the context otherwise requires, (i) Act means the Companies Act, 1956 (1 of 1956); (ii) Director Identification Number (DIN) means an identification number which the Central Government may allot to any individual, intending to be appointed as director or to any existing directors of a company, for the purpose of his identification as such; (iii) form means the form annexed to these rules; (iv) Pre-fill means and refers to the automated process of data input by the computer system out of the database maintained in electronic registry; (v) Provisional Director Identification Number refers to the provisional identification number generated by the electronic system set up by the Ministry of Company Affairs for filing of documents, after the on-line application form is submitted through the portal on the website of the Ministry of Company Affairs (www.mca.gov.in); (vi) section means the section of the Act. Application and allotment of Director Identification Number 3. (1) Every individual, who is an existing director or intending to be appointed as director of a company shall make an application electronically to the Central Government for allotment of Director Identification Number in Form No. DIN-1. (2) The Central Government shall provide an electronic system to facilitate submission of application for the allotment of Director Identification Number through a portal on the website of the Ministry. (3) The applicant shall access the Form No. DIN-1 from the portal, fill-in the required particulars sought therein and use submit function provided therein upon which the system will electronically generate and indicate in the space provided a Provisional Director Identification Number. (4) A provisional Director Identification Number generated online under sub-rule (3) by the applicant intending to be a director will remain valid for a period of sixty days from the date on which it was generated. (5)(i) The applicant shall, after the allotment of provisional DIN, submit a formal application to the Central Government along with the fee as specified in rule 4 for the allotment of regular Director Identification Number within sixty days from the date on which provisional DIN was generated on-line, failing which the provisional DIN will lapse : Provided that the individuals who have obtained provisional Director Identification Number (DIN) prior to the Notification of these rules, shall be allowed a period of sixty days from the date of Notification to make an application to the Central Government for allotment of regular DIN, failing which their provisional DIN will lapse. (ii) For making an application under sub-rule (i), the applicant shall take a print out of Form No. DIN-1, affix his photograph in the space provided in that Form, enclose true copies of the proof of identity and proof of residence and physically sign the form at the place specified therein. The photograph and the proof of identity and residence shall be certified by any one of the following authorities : (a) Gazetted Officer of the Central or State Government; (b) Notary Public; (c) Chartered Accountant, Company Secretary, Cost Works Accountant holding a certificate of Practice under the Chartered Accountants Act, 1949, Company Secretaries Act, 1980 and the Cost Works Accountants Act, 1959. (d) Company Secretary in full-time employment of the company. (6) The Central Government shall process the applications received for allotment of DIN under sub-rule (5), decide on the approval or rejection thereof and communicate the same along with the DIN allotted in the case of approval to the applicant by way of a letter by post or electronically or in any other mode, within a period of one month from the receipt of such application : Provided that 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. (7) The Director Identification Number so allotted is valid for the life-time of such applicant and shall not be allotted to any other person during his life-time. Fee. 4. Each application made under sub-rule (5) of rule 3 shall entail a payment of a fee of Rupees one hundred only : Provided that applicants making such application before 31-12-2006 shall be exempted from payment of fee under this rule. Intimation of DIN to the Company. 5. Every existing director shall, within one month of the receipt of the Director Identification Number from the Central Government under sub-rule (6) of rule 3, intimate his Director Identification Number to the company or all companies wherein he is a director, in Form No. DIN-2. Intimation of DIN to the Registrar. 6. Every company shall furnish the details of Director Identification Number within one week of the receipt of intimation from directors under rule 5, to the Registrar in Form No. DIN-3 in electronic form along with fee as prescribed under Schedule X of the Act and duly certified by a Company Secretary in full-time employment of the concerned company as required under section 383A of the Companies Act, 1956 or by a Company Secretary in full-time practice : Provided that the companies furnishing details of DIN under this rule on or before 31-3-2007 shall be exempted from payment of fee. Duty of director to intimate changes of particulars. 7. (1) Every director, in the event of any change in his particulars as stated in Form No. DIN-1, who has been allotted a Director Identification Number under these rules, shall intimate such change(s) to the Central Government within a period of 30 days of such change(s) in particulars by using Form No. DIN-4 made available by the Ministry on its website. The concerned director will also intimate such changes to the company or companies on which he is a director. (2) The director shall fill-in the relevant changes in prescribed Form DIN-4, enclose a copy of the proof of the changed particulars, affix signature at the place specified, obtain certification of the evidence from any of the authorities specified in sub-rule (5) of rule 3 and file the same in physical form to the Central Government. There shall be no fee for intimating the changes in particulars in DIN-4 under sub-rule (1). (3) The Central Government, upon being satisfied, through verification of such changed particulars from the enclosed proofs, shall incorporate the said changes and inform the director by way of a letter issued by post or electronically or in any other mode confirming the effect of such change in the electronic database maintained by the Ministry. Application for allotment of Director Identification Number FORM DIN-1 [See rule 3(1)] Provisional Director Identification Number (DIN) (not to be filled by the applicant as it is generated by the system) Applicant s name (Enter full name and do not use abbreviations) Photograph 1. (a) *First name (Affix a latest passport size photograph and get it attested/ certified for submission of physical copy of the form with MCA) (b) *Last name (c) Middle name Father s name (Even married women must give father s name) 2. (a) *First name (b) *Last name (c) Middle name 3. *Whether a citizen of India Yes No 4. Nationality 5. *Date of birth (DD/MM/YYYY) (Signature of the applicant) 6. *Gender Signature should be within the box 7. Place of birth 8. Income-tax Permanent Account Number 9. Voter s identity card number 10. Passport number 11. Driving licence number 12. (a) *Permanent residential address Line I Line II (b) *City (c) *State (d) *Country (e) *Pin code (f) Phone (g) Fax (h) e-mail ID 13. *Whether present residential address is same as permanent residential address Yes No 14. (a) Present residential address Line I Line II (b) City (c) State (d) Country (e) Pin code (f) Phone (g) Fax *Mandatory fields Instruction kit Submit Following documents are being enclosed: Proof of identity (Tick against the document being enclosed) 1. Passport 2. Election (voter identity) card 3. Driving licence 4. Income-tax PAN card 5. Others - Please specify Proof of residence (Tick against the document being enclosed) 1. Passport 2. Election (voter identity) card 3. Ration card 4. Driving licence 5. Electricity bill 6. Telephone bill 7. Bank account statement 8. Others - Please specify I son/daughter of resident of hereby declare and verify that the information given in this application and the documents enclosed is correct and complete. I confirm that I do not possess and have not been allotted another Director Identification Number by the Central Government. I also confirm that no other application (including physical documents) submitted by me is pending for allotment of Director Identification Number. Signature of the applicant (to be signed for submission of physical copy of the form with MCA) Dated Place General Guidelines for Director Identification Number (DIN) Application 1. Obtain Provisional DIN The applicant should first fill in the application on-line, generate a provisional DIN and then take a print out for dispatch to the DIN Processing Cell. An application without a provisional DIN cannot be accepted for further process and would merit straight rejection. 2. Attestation/certification of photograph, proof of identity and proof of residence A Public Notary or a Gazetted Officer of a Government or a practising professional (Chartered Accountant/Company Secretary/Cost Accountant) or a Company Secretary in full-time employment of the company. 3. Particulars of the attesting/certifying authority The attesting authority must indicate the following while attesting the documents:-(i) Signatures; (ii) Name in full in Capitals; (iii) Registration No., if applicable; and (iv) Seal/Stamp. 4. Language of proofs for identity and residence In case the proof of identity and proof of residence is in a language other than Hindi or English, a certified copy of translation of the same in Hindi or English should be enclosed and the transaction be also certified by the professional who has otherwise certified the said proofs. 5. Date of Birth The proof of identity enclosed with DIN Form should also contain the Date of Birth of the applicant and the same should match the Date of Birth filled in the application form. In case the proof of identity does not indicate the Date of Birth then additional proof of Date of Birth, duly certified/attested, should be attached. 6. Process for applicants who are (i) Indian citizens residing abroad; (ii) foreign nationals residing in India; and (iii) foreign nationals residing outside India While general conditions as mentioned at Sr. Nos. 1, 3, 4 and 5 would be applicable in these categories also, the certification of attached documents and the photograph may be done by a notary in the resident country of the applicant or the Managing Directory/CEO of the Company on which he is a Director or the Company Secretary in full-time employment of the Company. Further, in the case of a Foreign National, certified copy of the valid passport should be enclosed. For office use only: Signature of the authorising officer Dated (DD/MM/YYYY) Place FORM DIN-2 Intimation of allotment of Director Identification Number (DIN) to the Company by the Director (See rule 5) To Date Subject: Intimation of allotment of Director Identification Number (DIN) to the Company by the Director Sir, Reference section 266D of the Companies Act, 1956 and the Rules made thereunder, I am submitting the information regarding DIN allotted to me along with additional information as prescribed : Sr. No. Subject Particulars 1. Director Identification Number (DIN) 2. Name 3. Father s Name 4. President residential address 5. e-mail ID 6. Designation (Director or Managing Director or Alternate Director or Additional Director or Director appointed in casual vacancy or Nominee Director or Whole-time director) (please specify) 7. Specify whether Chairman, Executive Director, Non-Executive Director (in case more than one, specify both) 8. Category (Promoter or Professional or Independent) 9. Name of the company or Institution whose Nominee the director is 10. Date of Appointment A copy of the DIN Allotment Letter is enclosed. Please acknowledge the receipt. Yours Faithfully ( ) FORM DIN-3 Intimation of Director Identification Number by the company to the Registrar (See rule 6) Note - All fields marked in * are to be mandatorily filled. 1. *Corporate identity number (CIN) of company Pre-fill 2. (a) Name of the company (b) Address of the registered office of the company 3. *e-mail ID of the company 4. Authorised capital (in Rupees) 5. Number of members of the company 6. Paid-up capital (in Rupees) 7. Number of Managing Director, Director(s) (Enter here the total number of managing director, directors for which the form needs to be filed) 8. Details of the Managing Director, Directors of the company I. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID II. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID III. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID IV. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID V. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID VI. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID VII. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID VIII. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID IX. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID X. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID XI. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID XII. Details of the Director or Managing Director of the company Director Identification Pre-fill Number (DIN) Full name Father s name Present residential address Date of birth (DD/MM/YYYY) Date of approval of DIN by Central Government (DD/MM/YYYY) Date of receipt of Form DIN 2 from the director (DD/MM/YYYY) Attach copy of Form DIN-2 Whether the address is as per the company s records Yes No Designation Category Whether Chairman, Executive Director, Non-Executive Director Chairman Executive Director Non-Executive Director DIN of the director to whom the appointee is alternate Pre-fill Name of the director to whom the appointee is alternate Name of the company or institution whose nominee the appointee is Date of appointment (DD/MM/YYYY) e-mail ID 9. Details of the Manager or Secretary of the company I. Details of the Manager or Secretary of the company Income-tax Permanent Account Number (PAN) First name Middle name Last name Father s name First name Middle name Last name Present residential address Line I Line II (a) City (b) State (c) Country (d) Pin code (e) Phone (f) Fax Date of birth (DD/MM/YYYY) Designation Date of appointment (DD/MM/YYYY) Whether employed full-time or part-time Full-time Part-time e-mail ID II. Details of the Manager or Secretary of the company Income-tax Permanent Account Number (PAN) First name Middle name Last name Father s name First name Middle name Last name Present residential address Line I Line II (a) City (b) State (c) Country (d) Pin code (e) Phone (f) Fax Date of birth (DD/MM/YYYY) Designation Date of appointment (DD/MM/YYYY) Whether employed full-time or part-time Full-time Part-time e-mail ID Attachments 1. Optional attachment(s) - if any Attach List of attachments Remove attachment *Verification To the best of my knowledge and belief, the information given in this form is correct and complete. I have been authorised by the board of directors resolution dated (DD/MM/YYYY) to sign and submit this form. To be digitally signed by Managing director or director or manager of the company *Designation Director identification number of the director *Certification It is hereby certified that * I have verified the above particulars from the records of M/s. and found them to be true and correct. To be digitally signed by Company Secretary in whole-time practice or the Company Secretary in full-time employment of the company *Designation Membership number of the secretary Modify Check Form Prescrutiny Submit This e-Form has been taken on file maintained by the Registrar of Companies through electronic mode and on the basis of statement of correctness given by the filing company. FORM DIN-4 Intimation of change in particulars of Director to be given to the Central Government [Pursuant to Companies (Director Identification Number) Rules, 2006] 1. Director Identification Number (DIN) Photograph 2. Please identify (tick) and fill-in particulars sought to be changed : (Affix a latest passport size photograph and get it attested/ certified for submission of the form with MCA) Applicant Name Nationality Date of birth Income-tax permanent account number Voters Identity card number Passport number Driving license number Permanent residential address Present residential address (Signature of the applicant) Signature should be within the box 3. Applicant s name (Enter full name and do not use abbreviations) (a) First name (b) Last name (c) Middle name 4. Whether a citizen of India Yes No 5. Nationality 6. Date of birth (DD/MM/YYYY) 7. Income-tax Permanent Account Number 8. Voter s identity card number 9. Passport number 10. Driving license number 11. Permanent residential address Line I Line II (a) City (b) State (c) Country (d) Pin code (e) Phone (f) Fax 12. Present residential address Line I Line II (a) City (b) State (c) Country (d) Pin code (e) Phone (f) Fax Note I : Enclose necessary documents verified by a public notary or Gazetted Officer or certified professional (Chartered Accountant/Company Secretary/Cost Accountant) evidencing change in particulars mentioned above. Note II : In case any proof enclosed is in language other than Hindi or English then the certified copy of the same in English or Hindi shall be required to be enclosed. It should be certified by the same professional who has certified other proof. Note III : In case the Director submitting change in particulars is not residing in India, the document shall need to be attested by foreign public notary/Company Secretary in whole-time employment or Managing Director of company where he is a director. If any of the requirements are not met, changes will not be considered. I son/daughter of resident of hereby declare and verify that the information given in this form and the documents enclosed is correct and complete. Signature of the applicant Dated (DD/MM/YYYY) Place For office use only : Signature of the authorising officer : Dated (DD/MM/YYYY) Place