Advertise With Us

    Surrender of DIN in case of having Multiple DIN

    Posted By : SARIKA / Published on : 07-Jul-2022 06:49 AM / View : 391 / Comment : 3

    Print button
    One of the Director having two DIN , can you please let me the process of DIN Surrender ?

    Please provide the formats of the documents which needs to be attached with DIR-5
    Read more on : multiple having case surrender

    • Hi Sarika

      Section 153 of the Companies Act, 2013 Read with Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014 deals with the provision of surrender of DIN.

      Procedure to be follow-

      1. The holder of multiple/duplicate DIN shall make an application for its Surrender to the Concerned Regional Director (RD).

      2. The application shall be filed in Form DIR-5.

      3. The Application shall be accompanied with a declaration on affidavit duly notarized “that he never been appointed as director in any Company and the said DIN has never been used for filling any documents with any ”

      4. The Form DIR-5 is physical Form so form DIR-5 will be attached in Form RD-1 and filed with Regional Director.

      *Note- Form RD-1 is an E-Form which will be filed with Regional Director.

      Attachments of Form RD-1 is as follows:

      A. Form DIR-5 for surrender of DIN.

      B. Self attested copy of PAN Card of the applicant.

      C. Self attested copy of Passport of the applicant.

      D. Board resolution

      E. Affidavit for surrender of DIN.

      5. After filling the E-form RD-1, the Regional Director shall check the form carefully.

      After filling form DIR-5 as attachment in Form RD-1 an application for compounding of offence under section 441 of Companies Act, 2013 shall be Filed GNL-1 as the director contravene Section 155 which states that no individual, who has already been allotted a DirectorIdentification Number under section 154 shall apply for, obtain or possess another Director Identification Number. 

      The Compounding Application must include the followings:

      A. A proper petition for compounding

      B. Certified copy of form RD-1 filed with RD along with the Challan of the

      C. Certified copy of Form DIR-5

      D. Affidavit duly notarized

      E. Authorization letter to the practicing professional on duly stamp paper.F. Memorandum of Appearance (MOA) signed by the Practicing Professionall.

      G. Copy of show cause Notice.

      H. Copies of last 3 years’s Financial Statements.

      After that an appliaction shall be filed with RD/NCLT and on receiving the order of the RD/NCLT, the order shall be filed within 30 days from its receiving to the Concerned ROC in Form INC-28.

      Hope it helps!

      Thank you! 

       

      08-07-2022 / 05:35:42 AM
      Reply
    • Dear Ms. Juhee 

      RD-1 is not applicable now as DIR-5 is laready an independent form at MCA.

      Form DIR-5 Application for surrender of Director

       

      eForm 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: 

      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. 

       

      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.

      But what we will do if New DIN is alraedy associated with another Existing Company in which Person is a Director ?

      Form_DIR-5_help.pdf

       

      12-07-2022 / 05:16:22 AM
      Reply
    • 12-07-2022 / 06:21:01 AM
      Reply
    Please Select File:



Other Queries from SARIKA
Latest Queries
Like us on Facebook
Follow Us on Twitter

We are always here to help you. Don’t hesitate to contact us anytime!

+91-9988424211 or ask@compliancecalendar.in