Change in the process of Obtaining DIN for Incorporation of Company

by Tanu Garg



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MCA proposes change in the process of obtaining fresh DIN ( DIRECTOR IDENTIFICATION NUMBER)

It is proposed to reengineer the process of allotment of DIN by allotting DIN to individuals only at the time of their appointment as Directors (If they do not possess a DIN) in companies. DIR-3 (Application for Director Identification Number) would be applicable for the allotment of DIN to individuals in respect of existing companies only & shall be filed by the existing company in which the proposed Director is to be appointed. 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.

In section 153 of the Companies Act 2013, the following proviso shall be inserted, namely:— "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."

It is also proposed to modify DIR-3 to permit allotment of upto 2 new DINs (since SPICe provides for upto 3 new DINs) only in respect of ‘Producer Companies . A separate notification would be issued for the same & stakeholders may plan accordingly.

To facilitate corresponding changes in LLP eforms due to depreciation of DIR-3, it is proposed to temporarily suspend issuance of allotment of new DINs for Designated Partners/Partners of LLPs w.e.f. 26th January 2018 till 31st March 2018. Stakeholders may kindly take note & plan accordingly.

 



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