Procedure for Surrender / Cancellation/ of Additional / Duplicate DIN

PROCESS FOR SURRENDER / CANCELLATION / OF ADDITIONAL / DUPLICATE DIN:

CS RAVI GARG

What is DIN?

DIN is a unique Director identification number allotted by the Central Government to any person intending to be a Director or an existing director of a company.  

It is an 8-digit unique identification number which has a lifetime validity. Through DIN, details of the directors are maintained in a database.

DIN is specific to a person, which means even if he is a director in 2 or more companies, he has to obtain only 1 DIN. And if he leaves a company and joins some other, the same DIN would work in the other company as well.

Statutory Provisions:

Form DIR-5 is required to be filed pursuant to Section 153 of the Companies Act, 2013 & Rule 11 (f) of Companies (Appointment and Qualification of Directors) Rules, 2014 which are reproduced for your reference.

Section 153 of the Companies Act, 2013:

Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may be prescribed.

Rule 11(f):

(f) on an application made in Form DIR-5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN:

Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records.

Purpose of the eForm:

Application for surrender of DIN in e-form DIR-5 can be filed with any reason such as DIN is unused and not intended for future reference also or multiple DINs are allotted to same person or DIN holder is no more/has become of unsound mind or insolvent etc. This application will further be processed by RD-north region.

Procedure for Filing Form DIR-5:

Any person wishing to surrender a DIN is required to file Form DIR-5 on the MCA portal.

Click here for Form DIR-5 and help-kit 

In Form DIR-5 the following information must be provided by the applicant:

• Details of the DIN held by the applicant
• Reason for surrender of DIN
• Whether DIN holder is retaining any DIN
• Number of DIN(s) being surrendered by the applicant
• Details of DIN to be surrendered
• Digital signature of the person surrendering the DIN.
• DIN Form may be certified by related person in the following cases:

Ø  Death of the concerned individual

Ø  Concerned individual is declared as a person of unsound mind by a competent court or

Ø  Concerned individual has been adjudicated as insolvent

Documents Required for Surrender of DIN

The following documents must be filed by the applicant along with Form DIR-5 for surrender of DIN.

Proof of Identity

Identity proofs like Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card must be submitted.

Proof of Address

1. Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar card in the name of applicant.
2. In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
3. In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.

Optional Attachments

1. Affidavit including declaration that retained DIN will be updated with all associated CIN/LLPIN

•        This is mandatory if user wants to retain any DIN

2. Copy of court order declaring DIN holder as insolvent/unsound mind

•    This is mandatory in case concerned individual is declared as a person of unsound mind by a competent court or concerned individual has been adjudicated as insolvent

3. Copy of death certificate

•        This is mandatory in case of Death of the concerned individual

Digital Signature of Professional

Form DIR-5 must finally be signed by any of the following professional:

• Chartered Accountant in whole time practice
• Company Secretary in whole time practice
• Cost Accountant in whole time practice.

Thank you

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Ravi Garg                                    

Company Secretary                    

91-7838204665,

csravi2014@gmail.com