SURRENDER OF DIN - To Avoid Filing of DIR-3 KYC ?
As per Section 153:
As per Section 155:
Prohibition to Obtain More than One Director Identification Number
Rule 11 Surrender of DIN:
The Central Government or Regional Director (Northern Region), Delhi or any officer authorized by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application receivedcancel or deactivate the DIN in case:
a) the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;
As per Section 159:
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
A. Whether an individual (DIN holder) can surrender his DIN, If Such DIN never used?
B. Whether an individual (DIN holder) can surrender his DIN, If Such person not holding any directorship at present, but held directorship in past?
As per Section 155, it is clear that if a person holding DIN then such person can’t apply for another DIN. If he does so It shall be punishable u/s 159 of Companies Act, 2013.
Grounds for Surrender of DIN:
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-5that 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”
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.
(Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in Practice from Delhi and can be contacted at email@example.com). Disclaimer: The entire contents of this document have been prepared on the basis of relevant provisions and as per the information existing at the time of the preparation. Although care has been taken to ensure the accuracy, completeness and reliability of the information provided, I assume no responsibility therefore. Users of this information are expected to refer to the relevant existing provisions of applicable Laws. The user of the information agrees that the information is not a professional advice and is subject to change without notice. I assume no responsibility for the consequences of use of such information. IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE INFORMATION