Tuesday, 15 July 2014

Changes in DIN particulars

Change is truth of life and life always moves on. This may result in change in particulars specified in Director Identification Number records.
Rule 12 facilitate intimation of these changes in particulars in DIN records.
Every individual who has been allotted a Director Identification Number under these rules shall, in the event of any change in his particulars as stated in Form DIR – 3, intimate such change(s) to the Central
Government within a period of thirty days of such change(s) in Form DIR – 6 in the following manner, namely;-
(i) the applicant shall download Form DIR – 6 from the portal and fill in the relevant changes, attach copy of the proof of the changed particulars and verification in the Form DIR – 7 all of which shall be scanned and submitted electronically;
(ii) the form shall be digitally signed by a chartered accountant in practice or a company secretary in practice or a cost accountant in practice;
(iii) the applicant shall submit the Form DIR – 6;
The Central Government, upon being satisfied, after verification of such changed particulars from the enclosed proofs, shall incorporate the said changes and inform the applicant by way of a letter by post or electronically or in any other mode confirming the effect of such change in the electronic database maintained by the Ministry.
The DIN cell of the Ministry shall also intimate the change(s) in the particulars of the director submitted to it in Form DIR – 6 to the concerned Registrar(s) under whose jurisdiction the registered office of the company(s) in which such individual is a director is situated.
The concerned individual shall also intimate the change(s) in his particulars to the company or companies in which he is a director within fifteen days of such change.
DIR – 6
  • eForm DIR-6 is required to be filed pursuant to Rule 12(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014. A director having an approved DIN is required to intimate to MCA in case of change(s) in his particular(s) as stated in eForm DIR-3 /Old form DIN1 within a period of 30 days of any such change.
  • In case of Indian nationals, Income-tax Permanent Account Name (Income-tax PAN) is mandatory in all cases even if there is no change in Income-tax PAN. In such cases, director/designated partner details should be as per Income-tax PAN. In case the details like name/father’s name/DOB as per Income-tax PAN are incorrect, director/designated partner is advised to first correct the details in Income-tax PAN before filing this eForm.
  • Ensure that all particulars in the eForm are correct. However, if the contents specified in the eForm matches with an already filled DIR-3/DIN details, then the application shall be marked as a potential duplicate and shall then be processed by DIN Cell. EForm shall be allowed to be resubmitted only once in case of processing under this.
  • If not identified as potential duplicate, DIN shall be auto approved by the system and will be sent to DIN cell for verification if verification is not passed, an email is sent to the director for correction of defects by filing eForm DIR-6.
  • In case eForm is filed for updation of income-tax PAN in respect of Disabled DIN, then status of DIN shall be changed to ‘Approved’ consequent upon approval of the eForm.
  • Select from the values below the type of change(s) made. In case a disabled DIN is entered it is mandatory to select Income tax permanent account number.
  • Attach a latest passport size photograph in JPEG format. In case there is a change in the photograph of Director/Designated Partner it is mandatory to attach a photograph.
  • In case Director’s/ Designated Partner’s name is to be corrected, enter the correct full name.
  • Single alphabet is not allowed in field ‘first name’ and ‘last name’ in case director/ designated partner is Indian. “Middle Name” is an optional field. You should enter it only if a middle name exists.
  • Prefixes like Mr. / Ms. / Kumari / Shri etc. are not acceptable. The name should be filled exactly as given in the identity proof including the spelling. Please ensure that you provide your first, middle and last name in the respective fields.
  • It is mandatory to enter either applicant’s first name or applicant’s last name. However, in case of Indian nationals, single name shall be allowed only in case same single name is there in Income tax PAN.
  • In case if there is any change in the Nationality of the director/ designated partner; select whether the director/ designated partner is a citizen of India or not.
  • In case residential status of director/ designated partner is to be updated, select whether the director or designated partner is resident in India or not.
  • In case of Indian national, it is mandatory to enter Income tax PAN in all cases even if there is no change in Income-tax PAN. In such case, it shall be mandatory to click on ‘Verify income-tax PAN’ button. Director’s/ Designated Partner’s name (first, middle and last name), Father’s name (first, middle and last name) and date of birth will be verified by the system from the income-tax PAN details.
  • It is mandatory to enter mobile number in all cases.
  • It is mandatory to enter email id of the applicant in all cases.
  • If permanent address is to be corrected, enter the details matching exactly with the residence proof. In case, the country selected is other than India, and you do not have PIN Code, enter ‘NA’. In case of foreign nationals, state can be mentioned in address/ city.
Certification
  • The eForm should be certified by a chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice) by digitally signing the eForm.
  • Select the relevant category of the professional and whether he/ she is an associate or fellow.
  • Enter valid membership number and certificate of practice number of the practicing professionals.
  • The supporting documents attached shall be self-attested by the applicant.
Attachments:
  • The following attachments are mandatory to be filed in all cases:
  • Proof of change in particulars
  • Copy of verification by the director in Form No. DIR-7
  • Proof of Identity of director/ designated partner
  • In case of Indian nationals, Income-tax PAN is a mandatory requirement for proof of identity.
  • In case of foreign nationals, passport is a mandatory requirement for proof of identity.
  • Proof of residence of director/ designated partner
  • Address proofs like bank statements, electricity bill, telephone bill, utility bills etc. shall be attached. In case of Indian director/ designated partner, documents should not be older than 2 months from the date of filing of the eForm.
  • In case of foreign director/ designated partner, address proof should not be older than 1 year from the date of filing of the eForm.
  • Copy of verification by the director/ designated partner is mandatory to attach if the eForm.
  • In case of proofs which are in languages other than Hindi/ English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal.
Fees: No Fee.
Process by MCA:
  1. In case potential duplicate is not identified: Approval mail of eForm DIR – 6 shall be sent to the email id of the applicant and the user who has filed the eForm. An email shall also be sent to the user/applicant filing the eForm in case of ‘Verification passed/ not passed’.
  2. In case potential duplicate is identified: An email shall be generated and sent to the applicant for processing of eForm DIR – 6 after due verification by MCA. An email shall also be sent to the applicant/user filing the eForm in case the form is sent back for approval/rejection/resubmission as the case may be.

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