PROCESS FOR SURRENDER OF DIN
PROCESS FOR SURRENDER OF DIN
COMPANIES ACT- 1956
·
As per Section 266A of Companies Act, 1956:
Every individual intending to be appointed as
director of Company should obtain Director Identification Number (DIN).
·
As per Section 266C of Companies Act, 1956:
No individual, who had already been allotted a
Director Identification Number under Section 266B, shall apply, obtain or
process another Director Identification Number.
·
As per Section 266G of Companies Act, 1956:
If any individual or director, referred to in
section 266A or section 266C, contravenes any of the provisions of those
sections, every such individual or director or the Company, as the case may be,
who or which, is in default, shall be punishable with
·
Fine which may extend to Rs. 5000/- (five
thousand rupees only) and
·
where the contravention is a continuing one,
with a further fine which may extend to Rs. 500/- (five hundred rupees) for
every day after the first during which the contravention continues.
COMPANIES ACT- 2013
·
As per Section 153 of 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.
·
As per Section 159 of Companies Act, 2013:
If any individual or director of a Company,
contravenes any of the provisions of Section 153, such individual or director
of the Company shall be punishable with
·
imprisonment for a tem which may extend to Six
month or
·
with fine which may extend to Rs. 50,000/- and
·
Where the contravention is a continuing one,
with a further fine which may extend to Rs. 500/- for every day after the first
during which the contravention continues.
IMPORTANT: WHETHER OCCUPYING TWO DINS- HOW TO TACKLE?
This article is especially for the person who has obtained more
then 1 (One) DIN at any time.
If any person having 2 DIN advise that
person to surrender One DIN and file petition with CLB for Compounding of
Offence.
** One should preferably cross check
from the MCA website that whether he is occupying more than one DIN as per
process given below:
STEPS:
ii.
Log in by your user ID on MCA website.
iv.
Click on Search Button in from of DIN/DPIN
v.
Mention the Name, Father Name and Date of Birth and search.
vi.
MCA will appear the No. DIN allotted to you.
If one find more than
one DIN. He should immediate took steps to surrender the duplicate DIN,
preferably which are not in use as per process given below:
These days while filing DIR-3 KYC if
any person having more than one DIN, then KYC form showing an error.
PROCESS FOR SURRENDER/CANCELLATION OF DUPLICATE DIN:
Section
153 read with rule 11 of The Companies (Appointment and qualification of
Directors)
(a) Holder of duplicate DIN shall make an application
for surrender with Regional Director.
(b) The application shall be made in form
DIR-5.
(c) The application shall be accompanied with
a declaration on affidavit duly notarized 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.
(d) Form DIR-5 shall be filed with Regional
Director.
Attachments of DIR-5:
v
Self attested copy of PAN Card
v
Self attested copy of Passport
v
Affidavit of surrender of DIN (Draft
Attached)
(e)
The Central Government will check
E-records.
INFORMATION REQUIRED BEING MENTIONED
IN DIR-5:
i.
Name & Din of applicant
ii.
Reason for surrender of DIN
iii.
PAN
iv.
Passport No, if any.
v.
Permanent resident address.
vi.
Phone No & Email ID
vii.
DSC of Person himself
NOTE:
·
The e-Form will be processed by the
office of Regional Director (Non STP).
·
Fee as per Annexure A of DIR-5
instruction kit.
·
A Company can seek approval from
Regional Director by filing application in e- Form DIR-5 f or certain mentioned
purposes under Companies Act, 2013.
·
Corresponding form 24A as per
Companies Act, 1956.
·
Please note that giving false
statement or evidence is punishable under section 448 and 449
After filing application of surrender
of DIN one should also apply to u/s 441 of Companies Act, 2013 for Compounding
of Contravention of Section 155 of Companies Act, 2013)
Which authority has
Power to compound the offence?
·
The offence can be compounded by the
Regional Director (RD) where the maximum amount of fine is upto Rs.500,000/-
·
By the National Company Law Tribunal (NCLT)
where the maximum amount of fine exceeds Rs.500,000/-.
PROCESS FOR COMPOUNDING
OF OFFENCE (TWO DIN):
Provisions and procedure for
Compounding of offences, which are punishable under Companies Act, 2013 are
stipulated under section 441 of the act.
MEANING OF WORD COMPOUNDING:
The meaning of word compounding of
offence is not defined under Companies Act, 2013. However if we try to analyze
the section 441.
We can draw one clear interpretation
i.e. “It`s nothing but admission of guilt” In the process of compounding, the
person may either Suo Moto or on receipt of notice of default/initiation of
prosecution, admits the commission of default and make an application for
compounding of the concern offence.
The defaulters agree to pay penalty
which may be ordered by the Central Government. We will try to analyze the
provisions and procedure of compounding.
E- Form turning to the procedural
part, we must understand the basic provisions relating to compounding and
authorities to be approached for compounding of offence.
Accordingly following are the
important provisions pertaining to Compounding of Offences.
APPLICABILITY: -
Only those offences which are
punishable with either Penalty or Penalty or imprisonment i.e. where it is at
discretion of the court to impose penalty or imprisonment, are compoundable
under section 441.
In other words, offence which is specifically
punishable with imprisonment only or imprisonment plus
fine is non-compoundable.
PENALTY: -
Penalty, which may be imposed under
the order of compounding by the NCLT or RD shall not exceed the maximum
amount of fine which may be imposed for commission of that offence. Means
if the maximum fine for an offence is 10 times of basic fees, then the penalty
shall not exceed the 10 times of basic fees.
The fine imposed under the order of
Compounding is considered as additional fees and not regarded as
penalty. This has a significant implication for qualifications and
disqualifications of Directorship.
EFFECTS OF COMPOUNDING:
Ø
Once the offence is compounded, no
further prosecution shall be initiated either by registrar or shareholder or
any other person in respect of that offence
Ø
Once the offence is compounded, the
intimation of compounding needs to be given to the Registrar within period of
seven days from the day on which the offence is so compounded.
PROCESS FOR COMPOUNDING:
A. PREPARATION OF APPLICATION:
A petition is
required to be prepared. Following documents are required to be attached with
petition;
Ø
Board resolution authorizing director
for filing petition.
Ø
Power of attorney / Memorandum of
Appearance
B. FILLING OF FORM WITH ROC:
E-form No. GNL-1 is required to be filed with Registrar of Companies:
Attachments of GNL-1:
·
Detailed application is required to be attached in all the cases of filing.
·
Affidavit duly notarized.
·
Power of Attorney/ Memorandum of Appearance
C. FILING OF PHYSICAL APPLICATION:
After that physical
application can be made to the ROC in duplicate copy as the case may be for
compounding of offence.
D. ORDER OF COMPOUNDING:
Once the order of Compounding is
passed, the same needs to be filed with the registrar of companies in e-form INC-28.
Can you please provide draft formats for the same.
ReplyDeletecan you please share the draft documents for surrender of din and compounding of the same
ReplyDeleteFor Compounding of Surrender of Duplicate DIN which is being used for appointment in many Companies,Board Resolution will be required of which Company or it is not required for Surrender of DIN??
ReplyDeleteI have filed form DIR-5 for Surrender of Used DIN and after near about 20 days its Status is "Pending for ROC report", now whether Compounding is required or I have to wait for next status???
ReplyDeletePleases Answer ???
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