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DIRECTOR IDENTIFICATION NUMBER (DIN)

As per Section 153 of the Act, every individual intending to be appointed as director of a company shall make an application electronically in Form DIR-3 for allotment of Director Identification Number to the Central Government along with the prescribed fees.

Further, DINs to the proposed first Directors in respect of new companies would be mandatorily required to be applied for in SPICe forms (subject to a ceiling of 3 new DINs) only. Within one month of application the Central government shall allot a Director Identification Number (DIN) to the applicant. A person appointed as a director shall on or before the appointment give his consent to hold the office of director in physical form DIR-2 i.e. consent to act as a director of a company. Company shall file Form DIR-12 (particulars of appointment of directors and KMP along with the form DIR-2 as an attachment within 30 days of the appointment of a director, necessary fee.

In case of any appointment of director by Central Government or State Government consent of director is not required. Companies Amendment Act, 2017 provides that the Central Government may prescribe any identification number which shall be treated as Director Identification Number for the purposes of this Act and in case any individual holds or acquires such identification number, the requirement of this section shall not apply or apply in such manner as may be prescribed.

No person shall continue or be appointed as director without obtaining DIN. Section 153 read with the Companies (Appointment and Qualification of Directors) Rules, 2014, provides for the procedure for making application for allotment of DIN.

Author

Gayatri Dhote

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