Surrender of DIN (Form DIR-5)
*The price is exclusive of any amount payable to Government/Regulatory Authorities and GST.
Services covered :
- Filing the Form..
- Preparing documents to be uploaded along with the form..
- Uploading the form.
Documents Required :
Proof of Identity like Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card.
Proof of Address like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar card in the name of applicant subject to
i) In case of Indian applicant, documents should not be older than 2 months from the date of filing of the e-Form.
ii) In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the e-Form.
Optional Attachments (If any)
Digital Signature of Professional on Form DIR-5.
Form DIR-5 must finally be signed by any of the following professional:
i) Chartered Accountant in whole time practice.
ii) Company Secretary in whole time practice.
iii) Cost Accountant in whole time practice.
What are the forms required to be filed?
What are the Governing Laws of this form?
E-Form DIR-5 is required to be filed pursuant to Section 153 of the Companies Act, 2013 & Rule 11 (f) of Companies (Appointment and Qualification of Directors) Rules, 2014.
Who can surrender their Director Identification Number (DIN) in Form DIR-5 ?
"As per rule 11(f), a person can apply for surrender of DIN only in the situation when “DIN is unused and never used for appointment as director in any Company.” (except situations like unsound mind, death, and insolvent)
Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records."
What is the Purpose of this Form?
Application for surrender of DIN, e-form DIR-5 can be filed with any reason such as DIN is unused and not intended for future reference also or multiple DINs are allotted to same person or DIN holder is no more/has become of unsound mind or insolvent etc.
What is the filing fees for this form?
A Fees of Rs. 1000 is to be paid for Filing Form DIR-5.
What shall be penalty on individual if a person having two DIN?
"As per Section 159: If any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to 6 months or with fine which may extend to 50 thousand rupees and where the contravention is a continuing one, with a further fine which may extend to 500 rupees for every day after the first during which the contravention continues.
However, one can opine that it is default on the part of individual and such individual shall be punishable with file as mentioned above."
If a person is having two DIN, then whether such person can surrender DIN?
The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received alongwith fee as specified in Companies (Registration Offices and Fees) Rules, 2014 from any person, cancel or deactivate the DIN.
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