Any Individual, who propose to be appointed as a director of a company shall make an application electronically in DIR-3 to Central Government for allotment of DIN.
Central Government shall provide an electronic system in order to submission of application for allotment of Director Identification Number (DIN) through portal on website of Ministry of Corporate Affairs (MCA).
Applicant could download form DIR-3, fill the form, verify and sign the form and after that attached the documents like, "photograph, proof of identity, proof of residency, Signature duly verified and Board resolution by the company".
Form DIR-3, shall be signed and submitted electronically by applicant by his/her own Digital Signature Certificate (DSC).
Form DIR-3, shall be verified by Company Secretary, Managing Director, CEO and CFO of the company in which applicant is gong to be appointed as director.
Approval: Central Government shall process the application and communicate to applicant along with DIN alloted in case of approval by post or electronically within 30 days from receipt of such application.
Rejection: In case of rejection of application, it will also communicate to applicant within 30days of application.
If any defect is found in application, Central Government shall report to applicant by placing on its website and by e-mail to rectify such defect within 15 days from the date of report.
If the defect has not been rectified, Central Government shall reject application and order for fresh application. In case of rejection, fee paid with application shall neither be refunded nor adjusted with any other application.
DIN alloted to director before commencement of this act shall be deemed to be DIN alloted under the present act.
DIN alloted shall be valid upto lifetime of the director. A person shall be alloted only 1 DIN (Section 155).
Every company shall within 15 days of receipt of intimation, provide same with the registrar in Form DIR-3C (Section 157).
Penalty
If company fails to furnish or provide DIN, it shall be punishable with fine Rs. 25,000
to Rs.1,00,000. Every officer who is in default shall be punishable with fine Rs. 25,000 to
Rs.1,00,000.
Section 159
If any individual or director of company, breach any of the provisions of :
(a) Section 152 (dealing with appointment of directors),
(b) Section 155 (prohibition to obtain more than 1 DIN),
(c) Section 156 (Director to intimate or provide DIN).
such individual or director, shall be punishable with imprisonment for a term which may extend to 6 months or with fine which may extend to Rs. 50,000. If breach is continue, further fine will be imposed which may extend to Rs. 500 per day during which contravenes or breach continues.
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