MCA UPDATE REGARDING DIN {GSR 971(E)}

 Ministry of Corporate Affairs (MCA) notified Companies (Appointment & Qualification of Directors) Amendment Rules, 2014. The effect of such amendment on the original Companies (Appointment & Qualification of Directors) Rules, 2014 (“Original Rules”) is as under :

• In rule 6 (2) of Original Rules following changes were made:
  • Clause (c) is omitted, which means that now the Independent directors are not required to furnish Income Tax PAN details to become eligible and willing to be appointed as Independent Director.
  • In clause (d) the words "and mother's name and Spouse's name (if married)" are omitted, thus Independent directors are not required to provide the mother's name and spouse's name.
• In rule 6 (4) of Original Rules, the words "in form DIR-1" are omitted, which means that now, any person wanting to get his name included in the data bank of the Independent Directors is no longer required to make an application in Form DIR-1.
• Rule 9 (3) (a) of Original Rules is amended as below: "The applicant shall download Form DIR-3 from the portal, fill in the required particulars sought "therein verify and sign the form" and after attaching copies of the following documents, scan and file the entire set of documents electronically."
• Rule 9 (3) (a) (iv) of Original Rules is omitted, therefore now, Form DIR-4 for verification by the applicant for allotment of DIN is not required to be furnished.
• After sub-rule (3) of Rule 9 of Original Rules, sub-rule (4) is inserted as below: "In case the name of the person does not have a last name, then his or her father’s or grandfather’s surname shall be mentioned in the last name along with the declaration in Form No. DIR-3A."
• As per the amendment in Rule 10 (1) of Original Rules, now an application number shall be generated by the system automatically instead of a provisional DIN.
• Rule 10 (2) of Original Rules shall be amended as below: "After generation of the “application number”, the Central Government shall process the applications received for allotment of DIN under sub-rule (2) of rule 9, decide on the approval or rejection thereof and communicate the same to the applicant along with the DIN allotted in case of approval by way of a letter by post or electronically or in any other mode, within a period of one month from the receipt of such application".
• In Rule 10 (4) of Original Rules, the words “the provisional DIN so allotted by the system shall get lapsed automatically and” are omitted.
• After Rule 10 of Original Rules, the Rule 10 A shall be inserted as below: 
  "(1) Every director, functioning as a director in one or more companies on or before the 30th June, 2007 and who has not yet intimated his DIN to such Company or Companies shall, within one month of receipt of Director Identification Number from the Central Government, intimate his Director Identification Number to the Company or all the Companies wherein he is a director as per Form DIR-3B. (2) The intimation by the Company of Director Identification Number of its directors under section 157 of the Act shall be furnished in Form DIR-3C within fifteen days of receipt of intimation under Section 156."
• In rule 11 of Original Rules, after the words "application received", the words "alongwith fee as specified in Companies (Registration Offices and Fees) Rules, 2014" is inserted.
• In Rule 12 (1) (i) of Original Rules is amended as below:
  "the applicant shall download Form DIR-6 from the portal and fill in the relevant changes, verify the Form and attach the duly scanned copy of the proof of the changed particulars and submit electronically."
• The existing Form DIR-1 is omitted.
• Form DIR-3 shall be downloaded in the latest version which is available under the forms tab at the website.
• After Form DIR-3, the following forms shall be inserted namely:
  a. DIR – 3A : Declaration
  b. DIR – 3B : Intimation of allotment of Director Identification Number (DlN) to the Company by the Director
  c. DIR – 3C : Intimation of Director Identification Number by the Company to the Registrar