DIR – 3 Form Version updated on 02-June-2014
- eForm DIR-3 is required to be filed pursuant to Section 153 of the Companies Act, 2014 & Rule 9(1) of the Companies (Appointment and Qualification Of Directors) Rules, 2014
- Any person intending to become the director in a company is required to make an application to MCA for allotment of a unique identification, namely, Director Identification Number (DIN) through this eForm.
- Every individual intending to be appointed as director of an Indian company or designated partner of a limited liability partnership or the existing director/ designated partner who has not taken a DIN is advised to make an application for allotment of Director Identification Number (DIN).
- DIN is a unique number, and is mandatory requirement for a company/ limited liability partnership (LLP) for filing certain eForms.
- There is a fixed fee of Rs 500 for this eForm and it can only be paid through online mode (credit card/ internet banking). All the necessary documents shall need to be scanned and attached in the eForm and submitted online.
- eForm DIR-3 is required to be signed by the applicant and by either practicing professional or company secretary in whole time employment/director of the existing company.
- If the eForm DIR-3 is signed by the practicing professional and it is not identified as potential duplicate, then the same shall be auto approved by the system (STP) and sent for verification to the DIN cell. The status of DIN shall be ‘Approved’.
- If verification is not passed, an email is sent to the director for filing DIR-6 for making the desired changes.
- If the eForm is either signed by the practicing professional (identified as potential duplicate) or by company secretary /director of the existing company, then provisional DIN is allotted and same is sent for processing to the DIN cell. If the eForm is not approved, then status of provisional DIN allotted is ‘Lapsed’ on rejection or invalidation of the eForm as the case may be.
- Enter full name of the applicant. Single alphabet is not allowed in field ‘First name’ and ‘last name’. Field ‘Middle Name’ is an optional field. You should enter it if a middle name exists on the evidence. Prefixes like Mr. / Ms. / Kumari / Shri etc. are not acceptable. The name should be filled exactly as given in the identity proof, including the spelling. Please ensure that you provide your first, middle and last name in the respective fields. It is mandatory to enter either applicant’s first name or applicant’s last name. However, in case of Indian nationals, single name shall be allowed only in case same single name is there in Income tax PAN. Please note that name as provided in the DIN application should be same as given in PAN and will be used for all correspondence with MCA.
- It is mandatory to attach photograph giving front view of the full face of the applicant. To attach the photograph, click on the box provided. Latest photograph of the applicant in JPEG format only should be attached.
- If the applicant is a citizen of India then nationality is displayed as ‘Indian’. Foreign nationals shall select the nationality as declared in the passport.
- Select the current occupation and educational qualifications of the applicant from the drop down values given.
- Enter date in DD/MM/YYYY format even if its proof contains date in any other format. Proof is mandatory and should be valid, clearly visible and duly attested. Person should be minimum 18 years of age while applying for this application.
- Enter your Income tax permanent account number (Income tax PAN).Income tax PAN is mandatory for Indian nationals.
- If Income tax PAN is entered, it is mandatory to click on ‘Verify income-tax PAN’ button. System shall verify the details based on PAN. Ensure that the name (first, middle and last name), father’s name (first, middle and last name) and date of birth is as per the income-tax PAN details.
- Enter your passport number. Passport number is mandatory for foreign nationals. It is advisable to provide details of all the identity proofs you own/ possess. Details entered should match exactly with the details of identity proof.
- Enter the details matching exactly with the residence proof. In case, the country selected is other than India, and you do not have PIN Code, enter ‘NA’. In case of foreign nationals, state can be mentioned in address/ city. Enter your valid email ID.
- Ensure theeForm is digitally signed by the same personi.e. applicant who is filing the application and by either of the following:
- chartered accountant (in whole-time practice) or cost accountant (in whole-time practice) or company secretary (in whole-time practice)
- company secretary in full time employment or director of the company in which the applicant is to be appointed as a director
- If eForm is digitally signed by a Chartered Accountant (CA) or Cost Accountant (CWA) or Company Secretary (CS) (in whole time practice) then the supporting documents attached shall be self-attested by the applicant.
- If eForm is digitally signed by secretary (who is member of ICSI), in whole time employment or director of existing company then the supporting documents attached shall be either self-attested by the applicant or duly attested by either Public Notary or a Gazette Officer of a Government.
- The attesting authority must indicate the following while attesting the documents:- (i) Signatures; (ii)Name in full in Capitals; (iii) Registration No.; and (iv) Seal/ Stamp.
- In case, the director/ designated partner is residing outside India, then the attached supporting documents should be attested by the Consulate of the Indian Embassy, Foreign public notary. In case of director, supporting documents can also be attested by Company secretary in full time employment /CEO / Managing director of the Indian company in which he / she proposed to be a director.
- The following are the mandatory attachments to be filed in all cases:
- Proof of Identity of applicant
- In case of Indian nationals, Income-tax PAN is a mandatory requirement for proof of identity.
- In case of foreign nationals, passport is a mandatory requirement for proof of identity.
- Proof of identify enclosed with eForm DIR-3 should also contain the date of birth of the applicant and the same should match the date of birth filled in the application form. In case the proof of identify does not indicate the Date of Birth then additional proof of Date of Birth, duly certified/ attested, should be attached.
- Proof of residence of applicant
- Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar shall be attached and should be in the name of applicant only.
- In case of Indian applicant, documents should not be older than 2 months from the date of filing of the eForm.
- In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the eForm.
- Copy of verification by the applicant as per eForm No. DIR-4.
In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable.
- Rs. 500/-
- The eForm will be processed by DIN cell depending on respective conditions:
- If eForm is certified by the practicing professional (CA/CS/CWA) (in whole time practice) and details of director have not been identified as a potential duplicate, then it shall be auto approved(STP) and in all other cases it will be processed by the DIN cell(NON STP).
DIR – 4:
This form is an attachment to Form DIR – 3 and required to be in the form of an affidavit. The affidavit shall be in following format:
I, ……………….., Son*/ Daughter* of ……….., born on ………….., resident of ………………………………….. hereby confirm and verify that the particulars given in the Form DIR-3 are true and also are in agreement with the documents being attached to the Form DIR-3.
I hereby confirm and declare that –
- The photograph and documents being attached to the Form DIR-3 belong to me. I further confirm that all required documents have been duly certified by the respective government authority and are being attached to the Form DIR-3, and
- I am not restrained, disqualified, removed of, for being appointed as director of a company under the provisions of the Companies Act, 2013 including sections 164 and 169, and
- I have not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or High Court or any other Court, and
- I have not been already allotted a Director Identification Number (DIN) under section 154 of the Companies Act, 2013, and
- I shall be liable under section 448 of the Act and under the relevant provisions of the Indian Penal Code, 1860 and any other law as applicable, if any statement in this application is found to be false or any material fact is found to have been omitted.
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