How To Surrender DIN (Director Identification Number)

DIN or Director Identification Number is obtained by every new director while forming his company, and the same can be surrendered under sec 153 of Companies Act, 2013 and rule 11(f) of companies rule, 2011 along with valid reasons.

What is DIN?

DIN stands for the director identification number, a unique eight-digit identification no. They are allotted by the central government to any individual who intends to become the director of a company. A person can hold only single DIN no matter how many companies he owns. DIN contains personal information about the director which is safely secured in the database.

What are the documents required?

Passport size photograph in jpeg format
Identity proof which may be either Voter Id card/ ADHAAR card/ PAN card
Address proof like water bill/ electricity bill/ telephone bill. In case the director holds Indian citizenship then the bill must be older than two months while in case of foreign nationality the bill must not be older than one month.
Optional attachment: court order or Death certificate (as the case may be)

What are the reasons under which a person can surrender or cancel their DIN?

According to sec 153, any individual intending to start his own company needs to apply for a DIN. Application for allotment of DIN is sent to the central government. After the application is received, DIN is allotted within one month. However, according to sec 155, there’s a prohibition to obtain more than 1 DIN as the DIN is linked with director’s PAN CARD and passport and can be used by a single director even if he owns more than one company.

A person can surrender his/her DIN in the following cases

If the person holds more than 1 DIN
If the DIN was obtained in a wrongful manner or by a fraudulent method
If the director holding the DIN has died
If the person has been declared insolvent by the court
If the person has been declared unfit with unsound mind by a competent court
If the person is/was not related to any company

What is the process of surrendering DIN?

Step - 1: It is important to verify with MCA that the individual does not hold multiple DIN. One can ascertain if he/she is holding any other DIN by logging to http://www.mca.gov.in/ and can check for the same

Step - 2: For surrendering an unused DIN, the person has to file form DIR-5 with MCA along with documents mentioning

The reason for surrender
No’s of DIN being surrender
DIN no. of the holder
DSC of the person
Whether the holder retains any other DIN

In case of multiples DINs being surrender, the person needs to apply along with filing an affidavit on 10 rupees stamp paper plus the prescribed government fees of 1000 rupees. The person needs to make sure that DIN he is surrendering has never been in use or he/she is not linked to any company.

Step - 3: The form DIR-5 filed must be digitally signed by any one of the following

Chartered Accountant in whole time practice
Company Secretary in whole time practice
Cost Accountant in whole time practice.

Step - 4: The form DIR-5 is a physical form, so it has to be attached with form RD-1 and filed with Regional Director along with Attachments such as

Self-attested copy of PAN Card
Self-attested copy of Passport
Affidavit of the surrender of DIN + Board Resolution, if any

Step - 5: The Central Government will check all the E-records, and the e-form is processed by the office of the regional director which will further initiate the cancelling of DIN

Note: In case of cancelling DIN the person can file the application along with form DIR-5 and submit his reasons for the cancellation.

What are the consequences of not surrendering duplicate DIN?

According to sec 155, no individual is liable to hold more than one DIN, in case a person holds two DIN, they need to surrender the second DIN if they fail to surrender then the director may be subjected to imprisonment for up to 6 months or is punishable by a fine which may exceed up to 50,000.

How to Surrender DIN