The Director Identification Number (DIN) is a unique identification number assigned to an individual who is appointed as a director of a company in India. It is issued by the Ministry of Corporate Affairs (MCA) under the provisions of the Companies Act 2013.
The DIN is mandatory for all existing and aspiring directors, and it serves as a way to track the activities and roles of directors across different companies to prevent fraud and ensure transparency.
In the blog, we'll explore the intricacies of the Director Identification Number (DIN) system in India and its crucial role in corporate governance.
Table of Contents
1. Importance of a Director Identification Number (DIN)2. Format of a Director Identification Number3. Documents required for obtaining a Director Identification Number4. How to apply for a Director Identification Number?5. Common Causes of Rejection of a DIN6. Validity of the Director Identification Number7. Fees for the Director Identification Number in India8. Frequently Asked QuestionsImportance of a Director Identification Number (DIN)
The Director Identification Number (DIN) is of significant importance in India's corporate governance framework. Here are some key reasons why DIN is crucial:
• Unique Identification
- DIN provides a unique identification number to each director, ensuring there is clarity among individuals holding directorial positions in various companies.
• Transparency and Accountability
- DIN enhances transparency by making director-related information publicly available.
Stakeholders, including shareholders, regulators, and investors, can access the DIN database to verify the credentials and track the activities of directors across different companies.
• Regulatory Compliance
- Obtaining a DIN is a mandatory requirement for individuals aspiring to become directors of Indian companies. The DIN system in India was implemented through Sections 266A to 266G of the Companies (Amendment) Act, 2006.
• Ease of Business Operations
- DIN streamlines administrative processes related to director appointments and changes.
By having a standardized identification system for directors, companies can efficiently manage their board compositions, update regulatory filings, and ensure compliance with legal requirements.
• Investor Confidence
- The existence of a robust director identification system like DIN instills confidence among investors, both domestic and international.
Format of a Director Identification Number
The DIN is an 8-digit identifier issued by the Ministry of Corporate Affairs (MCA), the regulatory authority overseeing corporate affairs in India.
Each DIN is unique to the individual director and remains valid for their lifetime unless surrendered or revoked by the MCA due to non-compliance or other regulatory reasons.
Example of a DIN: 002345678
Documents required for obtaining a Director Identification Number
For SPICe+:
- Proof of Identity
- Proof of Address
- NOC or Rental Agreement
For DIR 3:
- Proof of Identity
- Proof of Residence
- NOC or Rental Agreement
- Digital Signature Certificate (DSC)
Note: The identity proof and Address proof must be attested by the Company Secretary, a CA or, any professional. ,
How to apply for a Director Identification Number?
Obtaining a Director Identification Number (DIN) is mandatory before being appointed as a director of an existing company in India.
While the DIN for directors of a new company is allotted during the company's incorporation through an integrated SPICe+ Form, if you’re seeking directorship in existing companies or LLPs, you must apply for a DIN separately. The application process, known as DIR-3, can be completed online through the official website of the Indian Ministry of Corporate Affairs (MCA).
Application for DIN Through SPICE+
If you don’t have a Director Identification Number (DIN) and intend to serve as the first director in a new company, you must submit an application using the eForm SPICe+.
- Obtain the Digital Signature Certificates (DSCs) for the proposed Directors,
- Log in to the MCA portal with valid credentials.
- Navigate to the 'SPICe+' application from the application history on the user dashboard.
- Submit the SPICe+ Part A application.
- Click on the 'Proceed for incorporation' button.
- Access the SRN dashboard by clicking on the relevant SRN/SPICe+ application with the status as 'Draft.'
- Click on "Form No. SPICe + Part B”.
- Complete and Submit the SPICe+ Part B application along with the linked forms.
- Upload the DSC-affixed PDF document(s).
- Pay the fees.
- An intimation mail, along with the Certificate of Incorporation, PAN, TAN, etc., will be generated upon processing the web form.
- If the forms are uploaded successfully and the payment is made, the Approved DIN will be generated if there are no indications of potential duplication. However, if the details are flagged as potentially duplicate, a Provisional DIN will be generated instead.
Note: A provisional DIN will remain valid for a period of 60 days from the date on which it was generated.
* Effective 15th July, 2024, DSC charges have increased by ₹ 1,000 per DSC, by the Government. This will be chargeable over and above the given prices.
Application for DIN Through DIR 3
If you intend to become a Director in an existing company, you must submit an application using eForm DIR-3 and adhere to the process outlined below.
- Visit the official MCA website.
- Register as a new user if you haven't already done so, or log in using valid credentials.
- Select the "e-Forms" tab and click on the "e-Form upload" link to access the e-Form DIR-3.
- Complete the DIR-3 form with accurate details.
- Scan and upload the necessary supporting documents (attested) as per the requirements specified in the DIR-3 form.
- Form DIR-3 must be signed by you and digitally verified by a Company Secretary employed full-time by the company or by the Managing Director, Director, CEO, or CFO of the existing company where you intend to be appointed as a director.
- Pay the prescribed fee for processing.
- Once the verification process is completed and the application is found to be in order, you will be allotted a DIN.
- However, if the details are flagged as potentially duplicate, a Provisional DIN will be generated by the MCA.
As a director, you must notify all companies where you hold a directorship about the DIN within one month of receiving it from the central government. Subsequently, the company must inform the Registrar of Companies (RoC) within 15 days from the date when the director notifies them of their DIN. Failure to do so can incur penalties.
Common Causes of Rejection of a DIN
Here are some common mistakes that lead to the rejection of the DIN application:
- Failure to submit supporting documents
- Submission of invalid application or supporting documents
- Lack of attestation on documents
- Absence of a valid Digital Signature Certificate (DSC) for DIR3 applications
In India, the Director Identification Number (DIN) remains valid for the lifetime of the individual director unless surrendered or revoked by the Ministry of Corporate Affairs (MCA) due to non-compliance, disqualification, or other regulatory reasons.
Fees for the Director Identification Number in India
If you are applying for a DIN through SPICe+, there are no additional charges as it is included in the fees of the SPICe+ application.
However, if you are applying through DIR-3, a fee of Rs 500 will be associated with it.
Frequently Asked Questions
Is there any difference between a Director Identification Number(DIN) and a Designated Partner Identification Number (DPIN)?
DIN is for individuals holding or intending to hold directorial positions in companies under the Companies Act, while DPIN is for designated partners in Limited Liability Partnerships (LLPs) under the Limited Liability Partnership Act. However, in terms of functionality, both serve the same purpose.
Can I use my DIN for multiple companies?
Yes, a single DIN can be used to hold directorship positions in multiple companies. However, each company must separately intimate the Registrar of Companies (RoC) about the director's DIN.
Can I hold multiple DINs?
No, you can hold only one DIN at any point in time. It is illegal to possess multiple DINs, and individuals found to have more than one may face penalties and other legal consequences.
How can I change the details provided for my DIN in the future?
In case of any modifications to the particulars provided in form DIR-3/SPICe concerning directors, you can submit e-form DIR-6. For example, if there is an address change, you must notify this change by submitting an e-form DIR-6 along with the necessary attested document.
What happens if my DIN application is rejected?
If your DIN application is rejected, you will receive a communication from the MCA specifying the reasons for rejection. You may have the option to rectify the errors and reapply.
Can I transfer my DIN to someone else?
No, a DIN is non-transferable and is associated only with the individual director to whom it is assigned.
