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
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
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
