Updated : January 13, 2024Surrender of DIN : Understanding the Process and Legal Provisions
Overview : This article provides an overview of the process and legal provisions associated with surrendering a Director Identification Number (DIN) in India. Key points to remember are company directors and designated partners must have a DIN, surrender is allowed for duplicate, unused, and certain non-active DINs, and the process involves filing specific forms with the Regional Director. Our goal is to provide individuals with a better understanding of the legal framework around DIN surrender and help them navigate the process.
Introduction
The Director Identification Number (DIN) is a unique identification number assigned to individuals who wish to become directors of a company or designated partners in a Limited Liability Partnership (LLP) in India. The Registrar of Companies (ROC) is responsible for issuing DINs under the Companies Act 2013. However, certain circumstances allow for surrendering a DIN. In this article, we will discuss the legal provisions and the process of surrendering a DIN.
Legal Provisions
According to Section 153 of the Companies Act 2013, individuals who wish to become directors or designated partners must obtain a DIN. Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014 outlines the grounds on which a DIN may be surrendered :
- Death of the DIN holder
- The unsound mind of the DIN holder
- Insolvency of the DIN holder
- Disqualification of the DIN holder
- Duplicate DIN
- Unused DIN
Process of Surrendering a Director Identification Number (DIN)
In order to surrender your Director Identification Number (DIN), you will need to file an online application in Form RC-1 with the Regional Director of the Ministry of Corporate Affairs. Along with this application, you must submit supporting documents. Additionally, you will need to fill out and sign a physical application called DIR-5, which is used specifically for the surrender of a DIN pursuant to Section 153 and Rule 11(f) of the Companies (Appointment and Qualification of Directors) Rules, 2014. Once you have completed and signed the DIR-5 application, it must be attached to the RD-1.
Important Points
- RD-1 is an online application for Regional Director
- The RD-1 form must be signed by the DSC of the director
- DIR-5 is a physical application; the scan to be attached
- The government fee is Rs. 1000 for filing RD-1
- An affidavit of non-use of DIN is also required
- DIN must have active DIN KYC filings
How Setindiabiz Help!
Setindiabiz is a professional services firm that provides assistance with a wide range of legal and regulatory compliance matters. When it comes to surrendering a Director Identification Number (DIN), the team at Setindiabiz can offer comprehensive support throughout the process. From filing the necessary forms to preparing supporting documents and affidavits, they can help ensure that the surrender is completed in compliance with all legal requirements. With their expertise and experience, Setindiabiz can provide individuals with peace of mind and help them navigate the complexities of DIN surrender smoothly.
Conclusion
Surrendering a Director Identification Number (DIN) is a well-defined process under the Companies Act 2013 and its relevant rules. To comply with legal requirements, it's important to understand the grounds for surrender and the procedure involved. If an individual wishes to surrender their DIN, they should carefully follow the prescribed guidelines and seek guidance from a professional if needed.
