Surrender of DIN via Form DIR-5
An entity, who is the Director or partner of a corporation or LLP registered in India, requires a DIN or Director Identification Number. When the company registration or LLP incorporation process is ongoing, DIN can only be acquired subsequent to the attainment of a digital signature for the proposed director or partner. Under certain circumstances, DIN is obtained in a wrongful manner by a person already having a DIN.
Submission of DIN
DIN is primarily coupled with PAN or Passport number of the candidate. As per the rules, an individual is allowed to get hold of one DIN. Therefore, before submission of an application for a DIN, it is significant for the applicant to validate if he or she has indeed been selected for a DIN by getting confirmation from the DIN database. In addition, during the DIN registration process, the Government has introduced a set of procedures to prevent the replication of DIN creation by authentication against the PAN database. On the other hand, in exceptional cases, a duplicate DIN may be created involuntarily. In order to prevent such situations from occurring, the Government has lately launched Form DIR-5 for submission of DIN.
Course of action for Filing Form DIR-5
When individual wishes to surrender a DIN, he or she can file Form DIR-5 with the MCA. The above-mentioned details are found In Form DIR-5. In the following cases, a person can also sign Form DIR-: On the demise of DIN holder, the relation of that individual who was declared as a person of unsound mind by a proficient court or the person has been adjudicated as insolvent, may file or digitally sign Form DIR-5.
- Any DIN Number held by the applicant
- Reason for surrender of DIN
- Information regarding the DIN holder in case he or she is retaining any DIN.
- Number of DIN(s) surrendered by the applicant
- DIN Number to be surrendered
- The digital signature of the person conceding the DIN.
What are documents required for Surrender of DIN?
The applicant is required to file the following documents along with Form DIR-5 for the surrender of DIN. Identity proofs such as Voters Identity Card, Passport, PAN Card, Driving License, Aadhaar Card, must be put forward.Address proofs such as passport, voters’ identity card, and / or ration card, telephone bill or aadhaar card in the name of the applicant, driving license, electricity bill.
- Proof of Identity
- Confirmation of Address
- Documents should not 2 months old from the date of filing of the form when submitted by an Indian applicant.
- Address proof should not be 1 year old from the date of filing of the form when submitted by a foreign applicant.
Under any circumstances, if a DIN is surrendered because a person is acknowledged as in debt or of unsound mind, then the court order must be attached. However, when DIN is surrendered due to death of the person, then a replica of the death certificate must be attached. When any proofs, which are attached, are in languages except Hindi or English, then the proofs should be converted in Hindi or English by a professional translator and his details such as name, signature, address, and seal should be present. However, translation done by the notary of resident country is conventional in the case of foreign nationals.
Digital Signature of Expert
Form DIR-5 must finally be authorized by any of the subsequent professional : In conclusion, “Surrender of DIN via Form DIR-5”, is the most suitable way by which an entity or entities can surrender their DIN.
- A Chartered Accountant who is practicing the whole.
- A Company Secretary who is practicing the whole.
- A Cost Accountant who is practicing the whole.