Cancellation or surrender or Deactivation of DIN


Rule 11 of the Companies (Allotment and Qualification of Directors) Rules 2014 talk about cancellation or surrender or deactivation of Director Identification Number (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 from any person, cancel or deactivate the DIN in case –

(a)  the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;

(b)the DIN was obtained in a wrongful manner or by fraudulent means;

(c)  of the death of the concerned individual;

(d)  the concerned individual has been declared as a person of unsound mind by a competent Court;

(e)  if the concerned individual has been adjudicated an insolvent. Before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual;

(f)   on an application made in Form DIR – 5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN.

Before deactivation of any DIN in such case, the Central Government shall verify e-records.

Explanation.- For the purposes of clause (b) –

(i) the term “wrongful manner” means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation;

(ii) the term “fraudulent means” means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government.

DIN – 5:

This form is an e – form which is presently available as a manual form attachment.

  1. Applicant’s name
  2. DIN of the applicant
  3. Reason for surrender
  4. PAN number
  5. Any one of the Voter Identity Card Number, Passport Number, Driving licence number, Unique Identity Number;
  6. Permanent residential address
  7. Residential Address
  8. Other information intends to submit

Clarification also required:

I declare that I have been duly engaged for the purpose of  certification/verification of this form. It is hereby certified that:

a. I have satisfied myself about the identity of the applicant based on the perusal of the original of the attached document

Note: In case where the applicant is residing outside India the particulars have to be verified from the documents duly attested by the attesting authority as prescribed.

 b. I also verify having attested the photograph of the said person:

(i) who is personally known to me; or

(ii) who met me in person along with the original of the attested Documents

c. It is further certified that all required attachments have been completely attached to this application

d. I have gone through the provisions of the Companies Act, 2013 and Rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that:-

a. All the required attachments have been completely and legibly attached to this form;

b. I have kept a copy of this form and attachments thereto, in my records for future reference.

c. It is understood that I shall be liable for action under section 448 and 449 of the Companies Act, 2013 for wrong certification, if any found at any stage.

Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.

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42 responses to “Cancellation or surrender or Deactivation of DIN

  1. Pingback: Ease to surrender DIN | AishMGhrana

  2. Sir,
    One of my friend would like to start a company using my DIN number. Please tell me, what are the consequences I may face in future.

    Like

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  4. shailendra Singh

    Is there any way i can show that my DIN is not linked to any company as my new employer wants the proof against the DIN number

    Like

  5. Sir,
    I’m resigning from the post of Directorship in a PVT LTD company & a SPV. I no longer want to handle my DIN meaning I don’t feel lilke using it hence forth. How do I surrender my DIN once for all? Will I be eligible to apply for it again if need raises?

    Thanks,
    siva

    Like

  6. bgmgasociates

    dear sir,
    my client approved a din number to open a LLP firm but some consequences LLp firm are not make , so my client want to surrender his DIN , how can submitted Dir-5 & where ?

    Like

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  8. Sir, I have filed RD 1 with DIR 5 and other supporting documents for cancellation of a DIN for my client who had two DIN. But i received a resubmission stating “This is not an appropriate form to be filed. pls file the right form with the roc” Kindly guide me on how to proceed with this issue

    Like

  9. Anil Dhiraj Rathod

    Dear SIr
    I have already given my resignation letter to the Company, but my din no. is not cancelled please help me out to cancel my din no.

    Like

    • You have to file Form DIR – 11 with RoC, that will be sufficient.
      Company is required to file Form DIR – 12 for your resignation.
      There is no need to cancel your DIN. This Number belongs to you like PAN and you may use it when became director to another company.

      Like

  10. Anil Dhiraj Rathod

    Dear Sir
    I had already given my resignation letter to the Company, bbut my din no. Us not cancelled please help me to cancel my dIn no.

    Like

  11. Dear sir
    I have two dins but one din is not used by me . and another is just linked to the new company but that company also not started any financial transactions. So how to surrender the din

    Like

  12. ShanthiBalamurugan

    Dear Sir,
    Kindly advise me that my clients 2 persons from same company have 2 different din numbers by mistake, Now can I surrender one of the din number for both persons by separate RD-1 form along with DIR-5 or for both persons in the same single form. And also I want a Affidavit model and Board resolution model for the surrender of din.

    Like

  13. ShanthiBalamurugan

    Dear Sir,
    Kindly advise me that my clients 2 persons from same company have 2 different din numbers by mistake, Now can I surrender din by separate RD-1 form along with DIR-5 or for both persons in the same single form And also I want a Affidavit model and Board resolution model for the surrender of din.

    Like

  14. Chandan Kumar

    Sir,
    Kindly clarify that with which e-form, Form DIR – 5 will be attached as an attachment ?

    Like

  15. can you please tell me the format of self declaration to be made for surrender of DIN while i am possessing multiple DINs

    Like

  16. Dear Sir, wrt surrender of Duplicate DIN, both being used, how to file DIN 5 with a declaration that “I never been director in any company and DIN has never been used”.

    Pl advise.

    Regards
    Richa

    Like

  17. with which forms DIR-5 are attached

    Like

  18. Bharathi Raja k

    My wife is a director of a company and now she wants to relive from the company but the other director is not ready to relive hence imy wife wants to deactivate DIN , kindly advise.

    Like

  19. Dear sir,

    Im having the same issue of having two DIN, and unable to surrender becoz of the requirement of declaration needed in DIR-5….plz resolve

    Like

  20. Dear sir,

    Iam having the same issue with two DIN..and unable to surrender the DIN becoz of the declaration needed in DIR-5….how to resolve??

    Like

  21. Dear Sir,

    I am holding a DIN no which is not associated/linked with any company. I want to surrender DIN No due to some employment issue. it is possible to surrender DIN online? I already sent all documents physically to NOIDA office but after 15 days I did not get any update from DIN cell. Can help how to surrender DIN no.

    Thanks

    Like

    • Yes, you may surrender a DIN.
      However, I do not see any employment issue for just holding a DIN. I will not advise you for surrendering a DIN when you have only one DIN.
      In case of any assistance required, please write me through “Contact us” link above.

      Like

  22. Dear Sir,
    One of my client has got two DIN and both has been used in the past with different companies by mistake. He is not director in any company right now. We need to surrender the second DIN, but in the form DIR5, he has to declare “I never been director in any company and DIN has never been used”. How do we do this, when DIN is already used.

    Like

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