DIN of Foreigner

DIRECTOR IDENTIFICATION NUMBER

As we all require some identification in every time and in every sphere of any activity like Unique number for identification i.e. UID Number for personal identification and PAN for Tax identification number. We also known by roll number from our childhood. Same as Directors require Director identification Number both Indian as well as Foreigner.

So DIN is defined as :

ð “ DIN is Director Identification Number is a unique Number allotted to the existing as well as proposed directors by Central Government (Office of Regional Director (Northern Region), Ministry of Company Affairs.”

ð DIN is governed by the provisions of Sections 153 & 154 of Companies Act 2013 read with Rule 9(1) of the Companies (Appointment and Qualification of Director).

ð Please note that “DIN” and DPIN (Designated Partnership Identification Number” issued u/s 7 of Limited Liability Partnership Act 2008 are same thing

DIN OF FOREIGNER

Foreigner DIN is also a unique number allotted to him/her as allotted similar to other Indian citizen individuals. All rules and provisions will be followed by him while applying for DIN.

CERTIFICATION OF PERSONAL IDENTITY BY FOREIGN APPLICANT FOR APPLYING DIN

Every Applicant has to get verify his identity or provide a valid identity to apply for DIN. For example: Indian Applicant has to give his PAN number with his PAN photo copy duly verified by him. It means indian citizen who has his PAN number is valid citizen in the eyes of INCOME TAX DEPARTMENT. But What about a Foreign Applicant identity?

A Foreign Applicant can not be authorized by Income Tax Department. He should have a valid passport to identify his personal identity. But foreign applicant may come from any corner of the earth. So there are some rules and strictness for some foreigners who come from different countries and there are some relaxations for some foreigners who are from common wealth countries or countries with whom India has good relations from business point of view, political point of view or good neighborhood point of views.. Because these countries have business with each other so there is no need to get strict verification from their home countries. They can get verification easily from  notary Public on their passport and can get DIN easily. But those countries with whomIndia has not good relations, are need to a valid and strict verification from them like getting the documents legalized and apostilled/ consularised from Emabassy in Home Country or Ministry of External Affairs.

A foreign citizen  must have  a  valid  passport  along  with  proof  of  address  (if  passport  does  not  have address).  A  copy  of  the  passport  as  well  as  of  proof  of  address  should  be authenticated by Indian consulate of the home country of the foreign citizen. Even in case where the foreign citizen is present in India, the copies have to be authenticated by Indian consulate abroad.If the Foreigner is present in India on Business VISA, then, Indian Notary can notarise it or Professional like CA CS can verify it.

You need following documents to get DSC and DIN of Foreign National:

1. Proof of identity - Apostilled copy of passport

2. Proof of residence – Apostilled and notarized - Driving license /
Election Card / Resident card / electricity bill / telephone bill / bank
account statement (address proof should not be older than 1 year from the
date of filing)

3. Passport size photograph in JPEG format (Soft copy)

4. Passport size photo (Hard copy)


Following details also required (or you may get details in the attached
format):

1. Current occupation and Educational Qualification
2. Email ID and Phone Number

STEPS OF APPLYING FOR DIN BY FOREIGNER

Every individual who intends to become director shall make an application electronically in Form DIR-3 to the Central Government along with such fee as prescribed by Companies (Registration Offices and Fee) Rules, 2014.

1)    Download Form DIR-3 from MCA site portal.

2)    Fill in the Required Particulars.

3)    Attach Following documents:-

a.     Photograph

b.     Proof of Identity

                                                             i.      For Foreign Nationals, Passport is mandatory requirement as proof of identity.

                                                           ii.      Proof of Identity must include Date of Birth of the applicant and the same should be matched with the Date of Birth as filled in the FORM DIR-3

1.     In case Date of Birth does not include in the proof of identity then the additional duly certified/verified Date of Birth proof should be attached.

c.      Proof of Residence

                                                             i.      Passport

                                                           ii.      Electricity Bill  (Not older than 2 months for Indian applicant and Not older than 1 month  for Foreigner)

                                                        iii.      Telephone Bill (Not older than 2 months for Indian applicant and Not older than 1 month  for Foreigner)

Note:

In case of proofs which are in languages other than Hindi / English, the proofsshould be translated in Hindi / English from professional translator carrying hisdetails (name, signature, address) and seal.

In the case of foreign nationals, translation done by the notary of home country is also acceptable.

4)    After attaching documents, Applicant will confirm and verify all the particulars mentioned in the form and also confirm

a.     all the documents have been duly certified by the respective Government.

b.     That he is not disqualified under company law in any sense, is not offended in any court,

5)    After digitally verified by the applicant, Certification of professional (CA/CS) is needed digitally.

6)    After submission of the Form DIR-3 through payment of fee as prescribed, System will generate Provisional DIN Number online.

ð DIN Form is on STP mode, so it is allotted immediately once you upload and make the payment

PROCEDURE FOR APPLYING DIN BY FOREIGNER

ð Fill the Form DIR-3

ð Details of Valid Passport in DIR Form will be filled by applicant.

ð Following documents will be attached with Form DIR-3

o   Photograph with high resolution verified & certified by the Indian Embassy or notary in the home country of the applicant.

o   Or by Managing Director/CEO/ Company Secretary of the company registered in india in which applicant is director.

o   If the applicant has valid multiple entry Indian visa  or person of origin card or Overseas Citizen of india card, the application can be attested by notary public/Gazetted officer in india or Practising CA/CS/CWA

DE-ACTIVATION/CANCELLATION/SURRENDER OF DIN

CG is authorized to cancel/de-activate DIN on verifying the documents and proof attached in case:

ð DIN was obtained in the wrong manner.

ð In case applied DIN is for dead director.

ð The individual has become insolvent.

ð Din has been found to be duplicate

When applicant want to de-activate his DIN , he can do so by application in Form DIR-5 to CG in the same manner as for activating.

INTIMATION OF CHANGES IN THE PARTICULARS OF THE DIN

ð If applicant wants to change his/her particulars in the DIN information then he will inform these changes by submitting the FORM DIR-6.

ð He will attach scanned copies of the proof of changed particulars Form will be digitally signed by CS/CA.

ð CG after verification will inform the applicant by electronically or by post.

ð DIN cell of ministry also will inform to the Regional director under whose jurisdiction company has been registered.

ð The individual will also inform to the company within 15 days after such change.

DIN APPLICATION FEE

DIN Application Fee is Rs.500

For more details, contact CS Neha Seth at csnehaseth@gmail.com or call us at 9871903449