In today’s compliance-driven corporate environment, the Director Identification Number (DIN) is more than just a formal requirement—it's your professional lifeline as a company director in India. But what happens when your DIN gets deactivated? Whether it's due to missed KYC filings or director disqualification, the consequences can be serious.
๐ What Is a DIN and Why Does It Matter?
A DIN is a unique
identification number allotted by the Ministry of Corporate Affairs (MCA) to
individuals intending to act as directors of Indian companies. Without an
active DIN, you cannot serve as a
director, sign
documents, or participate
in board meetings—making it essential to keep your DIN in good
standing.
⚠️ Why Is My
DIN Deactivated?
Here are some common reasons:
1.
Non-filing
of DIR-3 KYC or KYC-Web: If you don’t file your annual KYC with
the MCA, your DIN will be flagged as inactive.
2.
Disqualification
under Section 164(2): If you’re a director in a company that
hasn’t filed financial statements or annual returns for three consecutive
financial years, you could be disqualified.
3.
Allotment
of Duplicate DINs
4.
Fraudulent
or incorrect allotment
5.
Voluntary
surrender of DIN
๐
What the Law Says
The regulatory framework for DINs is provided
under:
·
Section
153 to 159 of the Companies
Act, 2013
·
Companies
(Appointment and Qualification of Directors) Rules, 2014
·
Relevant MCA notifications and circulars
๐
How to Revive Your DIN
✅ Case 1: DIN Deactivated Due to Non-Filing
of DIR-3 KYC
This is the most common reason. Here’s what
you do:
1.
File
DIR-3 KYC or KYC-Web (based on your last filing)
2.
Pay no
fee if done before the deadline (usually 30th September each year)
3.
If delayed, pay a penalty of ₹5,000
4.
DIN is automatically reactivated upon
successful filing
๐ก Tip:
Use the MCA’s “Track Payment Status” feature to confirm if the DIN has been
reactivated.
⚖️ Case 2: DIN Deactivated Due to
Disqualification under Section 164(2)
This is more complex and involves legal steps:
1.
File
a Writ Petition in the concerned High Court under Article 226 of the Constitution
2.
Seek relief from disqualification, especially if you
can prove compliance or lack of direct fault
3.
Upon court approval, submit a certified copy of the order
to the Registrar of Companies
(ROC)
4.
DIN is restored upon MCA approval
๐ก Note:
There is no online mechanism to revive a DIN disqualified under Section 164(2);
judicial intervention
is mandatory
๐
Additional Considerations
·
Duplicate
DINs? Use Form
DIR-5 to surrender the extra DIN
·
Digital
Signature Certificate (DSC) must be valid and linked to your
PAN for filing forms
·
Non-compliant
companies must regularize ROC filings (MGT-7, AOC-4) to avoid
cascading issues
๐
Forms You’ll Need
Form |
Purpose |
DIR-3 KYC |
Annual KYC of Director |
DIR-3 KYC-Web |
Web version for repeat KYC filers |
DIR-5 |
Surrender of duplicate or wrong DIN |
GNL-1 |
Misc. filing if requested by ROC/MCA |
Writ Petition |
Legal remedy for DIN disqualification |
๐
Timeframes
·
KYC
Filing: By 30th September (each year)
·
Late
Filing with Penalty: Anytime, with ₹5,000 fine
·
Court
Proceedings: Duration varies based on court and case complexity
๐ก️
Final Thoughts: Prevention Is Better Than Cure
Keeping your DIN active isn’t just about
filing forms—it’s about maintaining your reputation
and compliance standing. Most DIN deactivations are easily
avoidable with timely action.
If your DIN is already deactivated, don’t
panic. You can:
·
File overdue KYC
·
Seek legal remedy in case of disqualification
·
Regularize company filings to avoid future
issues
Your
DIN is your digital identity as a director—protect it.
✍️ Have Questions?
If you need help preparing DIR-3 KYC, filing
petitions, or understanding your DIN status, feel free to reach out. We assist
with DIN revival, legal filings, and complete compliance support. Call us : 9250405052
No comments:
Post a Comment