Amended and updated notes on section 153 of Companies Act 2013. Detail discussion on provisions and rules related to application for allotment of Director Identification Number.
Chapter XI (Sections 149–172) of the Companies Act, 2013 (CA 2013) deals with the provisions related to appointment and qualifications of directors. Section 153 of CA 2013 provides for application for allotment of Director Identification Number.
Recently, we have discussed in detail section 152 (Appointment of directors) of CA 2013. Today, we learn the provisions of section 153 of Companies Act 2013.
The provisions of section 153 are effective from 1-April-2014. You may refer Notification No. S.O. 902(E) issued dated 27-03-2014. In this article, you will learn detail of the provisions of section 153 of the Companies Act 2013 read with the Companies (Appointment and Qualification of Directors) Rules, 2014.
Director Identification Number (DIN) is a unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company. Did you know? The concept of DIN was introduced for the first time in India with the insertion of Sections 266A to 266G of Companies (Amendment) Act, 2006.
Section 153 of the Companies Act, 2013 (CA 2013) provides for the application for allotment of DIN which is compulsorily required for appointment as a director in a company. This new section of the CA 2013 came into force on 1st April, 2014 vide Notification No. S.O. 902(E) issued dated 27-03-2014. Section 153 of CA 2013 corresponds to Section 266A of the Companies Act, 1956 which provides for application for allotment of Director Identification Number.
| Name of Act | The Companies Act 2013 |
|---|---|
| Enacted by | Parliament of India |
| Administered by | Ministry of Corporate Affairs (MCA) |
| Number of Chapters | 29 |
| Number of Sections | 484 (470-43+57) |
| Number of Schedules | 7 |
| You are reading: | |
| Chapter No. | XI |
| Chapter Name | Appointment and Qualifications of Directors |
| Section No. | 153 |
| Section Name | Application for allotment of Director Identification Number |
| Monthly Updated Edition | Company Law PDF |
How to Apply for Director Identification Number
In accordance with the provisions of section 153 of CA 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.
Step-1: Login to MCA Portal
Step-2: Download application eForm DIN-3 and fill-up the same.
Step-3: Upload your DIN-3 eForm for allotment of DIN.
If you already have DIN, you may check details at the websites:
Verify DIN PAN Details of Director
Form No. DIR-3:
Accordingly, eForm DIR-3 is required to be filed pursuant to Section 153 of the Companies Act, 2013 & Rule 9(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014.
Electronic Signature:
As per Rule 9(3)(b) of the Companies (Appointment and Qualification of Directors) Rules, 2014, eForm DIR-3 shall be signed and submitted electronically by the applicant using his or her own Digital Signature Certificate.
Attach required Documents:
Pursuant to section 153 and rule 9(3)(a) of Companies (Appointment and Qualification of Directors) Rules, 2014. If you are going to apply for DIN, then please make sure that you have copies of the following mandatory required documents to be attached while filing eForm DIN-3 electronically:
i) Photograph: It is mandatory to attach recent passport size photograph giving front view of the full face of the applicant. Note that your latest photograph in JPEG format only should be attached.
ii) Proof of Identity: If you are resident of India then Income-tax Permanent Account Name (Income-tax PAN) is a mandatory requirement for proof of identity. In case the details as per Income-tax PAN are incorrect, you should have to first correct the details in Income-tax PAN.
However, if you are foreigner then you have to attach your passport as a proof of identity. In other words, in case of foreign nationals, Passport number is mandatory.
Note that if the proof of identify does not indicate the Date of Birth (DOB) then additional proof of DOB, duly certified/ attested, should be attached.
iii) Proof of Residence: Address proofs like AADHAR, Driving License, Election (Voter Identity) Card, and Ration Card, Electricity Bill, Passport or Telephone Bill shall be attached and should be in the name of applicant only. However, in case of Indian applicant, documents should not be older than 2 months whereas in case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.
iv) Applicant Verification: Copy of verification by the applicant for applying for allotment of DIN as per eForm No. DIR-4. It is a declaration form that you are complying relevant provisions of the Companies Act, 2013 relating to Directors appointment and DIN.
v) Signature of Applicant: Specimen signature duly verified.
Digital Verification of DIR-3:
In compliance with Rule 9(3)(b) of the Companies (Appointment and Qualification of Directors) Rules, 2014, Form DIR-3 shall be verified digitally by the following Professionals or Managerial Personals –
- A Chartered Accountant (CA) in practice or a Company Secretary (CS) in practice or a Cost Accountant (CMA) in practice; or
- A Company Secretary in full time employment of the company or by the Managing Director (MD) or director of the company in which the applicant is to be appointed as director.
Compulsory required field:
Following are to be mandatorily filled
- Applicant’s Full Name
- Date of birth
- Father’s name irrespective of applicant’s gender i.e. Male or Female.
- Whether applicant is a citizen of India.
- Whether applicant is resident in India.
- Occupation Type and area of occupation viz. Self Employed, Professional, Homemaker, Student or Serviceman.
- Educational qualifications like Class X/SSLC/Junior/Equivalent or Class XII/SSC/High/Equivalent or Graduation/Bachelor/Equivalent or Post Graduate/Master/Equivalent or Professional or Executive Program or Diploma or Others.
- Permanent residential address of applicant.
- Applicants E-mail ID, Phone Number and Mobile Number.
Application Fee for DIN:
Normal fee for application of DIN is ₹500. However, such payable fees are subject to any change in pursuance of the CA 2013 or any rule or regulation made or notification issued thereunder.
On successful submission of the eForm DIR-3, SRN will be generated and shown to the user which will be used for future correspondence with MCA. This SRN may be used to check your payment status for DIN.
Check Payment Status for DIN application
Reason for rejection of DIN Application eForm DIN-3
Your application for allotment of DIN may be rejected by the authority concerned on the following grounds:
- Proof of identity has not been attested by an authorized person
- Proof of residential address has not been attested by an authorized person.
- The supporting document for identity proof is not valid as it has not been issued by any Government Authority.
- The enclosed evidence has handwritten entries.
- Date of Birth is not matching with the date of birth mentioned in the proof attached.
- Applicant’s Name is not matching with the name mentioned in the proof attached.
- Address is not matching with the address details mentioned in the proof attached.
- Applicant’s Father’s Name is not matching with the father’s name mentioned in the proof attached.
- The submitted application is duplicate DIN application i.e. an approved DIN already exists in this name.
- Identification number entered in application does not match with the identity proof enclosed.
- The gender is not entered correctly in DIN form.
- ID proof not attached with the application.
- Address proof not attached with the application.
- Non-submission of copy of passport (for foreign nationals).
- Passport duly appostillised not enclosed (For foreign nationals).
- Verification by applicant is not attached.
- Verification by applicant not in prescribed format.
- Verification by applicant is not signed.
- The prefixes/ suffixes like Mr. / Ms. / Kumari / Shri / Late or Ji etc. are used in your name or your father’s name field in DIN form.
- The supporting documents attached not valid or current or has expired.
- Others in case of others, description is written by the back office user.
These rejection grounds may help to submit application for DIN successfully and prevent you to apply for a fresh DIN. Note that if your DIN application is put under resubmission, you have to submit additional documents for rectifying your DIN application within 15 days from the date on which it is marked as Resubmission.
If you have any further query, please feel free to ask through comment below or click here to register your complaints.
Section 153 of Companies Act 2013: Application for allotment of Director Identification Number
Section 153 shall come into force on 1st April, 2014 vide Notification No. S.O. 902(E) issued dated 27.03.2014.
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.
Provided 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.