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Surrender Of Din


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About Surrender Of Din

DIN is tied to PAN or Passport number of the applicant and each person is allowed to obtain one DIN as per rules and regulations. Hence, prior to applying for a DIN, its important for the applicant to verify if he/she has been allotted a DIN by verifying the DIN database

Minimum Requirements

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

Documents Required

Proof of Identity

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

Proof of Address

  • 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.
  • In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
  • In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.

Process

Any person wishing to surrender a DIN can file Form DIR-5 with the MCA. In Form DIR-5 the following information must be provided by the applicant:

  • Any DIN Number 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
  • DIN Number to be surrendered
  • Digital signature of the person surrendering the DIN.
  • In the following cases, the another related person can also sign Form DIR-:

    Form DIR-5 can also be filed or digitally signed by a relation of the person if the DIN holder has passed away or has been declared as a person of unsound mind by a competent court or the person has been adjudicated as insolvent

Frequently Asked Questions

As per Section 155: No individual, who has already been allotted a Director Identification Number under section 154, shall apply for, obtain or possess another Director Identification Number
However, one can opine that if a person has applied or got second DIN then it shall be considered as non compliance of Section 155.

As per Section 159: If any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continues.
However, one can opine that it is default on the part of individual and such individual shall be punishable with file as mentioned above.

As per Rule 11 of The Companies (Appointment and qualification of Directors) Rules, 2014 “The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received alongwith fee as specified in Companies (Registration Offices and Fees) Rules, 2014 from any person, cancel or deactivate the DIN”.
However, one can opine that Rule 11 allowed an individual to surrender of DIN if having more than 2 DIN.

In Another Word First Din obtained in 2006 and second DIN obtained in 2010, and then which DIN no. can be surrender. As per provisions of Companies act read with relevant rules and Updation on the MCA website “ in respect of an individual who is in possession of Duplicate/Multiple DINs, he can retain the Oldest DIN only. DINs obtained later have to be surrendered.”
However, one can opine that DIN taken on later on (means second DIN) shall be surrender by individual. Surrender of First DIN is not at all allowed.

As per CA, 2013 and from above mentioned question it is clear that,
second DIN can’t be retain by the individual in any of situations.
Therefore, Individual has to surrender the Second DIN. But what shall be status of directorships?
As per Act, in above mentioned situation following shall be done:
Individual has to surrender Second DIN Only.
RD shall migrate directorship of Second DIN on First DIN.
After migration second DIN shall be surrender

Regional Director can cancel / surrender DIN on the basis of situation mentioned in Rule 11.
Rule 11 (a-e) mentioned the situation for surrender of DIN Like (unsound mind, Death, Insolvent etc).
However, Rule 11(f) states that “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”
Note:

  • As per Rule 11(f) – when a person made application in DIR-5 for surrender of his DIN to RD has to ensure following conditions:
  • That he has never been appointed as director in any company; and
  • The said DIN never been used for filing of any document with any authority.
  • Therefore, one can opine that Single DIN which never used by the applicant can be surrender. But if it is used ever then can’t be surrender.
  • In Simple Words:
  • Single DIN never used can be surrender.
  • Single DIN ever used can’t be surrender.

As discussed in question no. 2 in case of double din penalty shall be as per Section 159.
As per practical situation, after filing of documents/ forms for Surrender of DIN Regional Director is asking for the acknowledgement of Compounding Petition. Therefore, one can opine that along with surrender of second DIN, compounding Is mandatory.

Regional Director Northern Region, Delhi having power to deal with all the matters of DIN. Power to cancel DIN is also vested with RD Northern Region.

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