Section and Provision –
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
Section 153:
Every individual intending to be appointed as director of a company shall make an application for allotment of Director Identification Number to the Central Government in such form and manner and along with such fees as may be prescribed.
Rule 11(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.
Purpose –
Application for surrender of DIN in 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. This application will further be processed by RD-north region.
Key Information –
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The form is available at V3 portal of MCA.
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The form will be processed in Non STP mode.
Document Required-
The following are the mandatory attachments to be filed in all cases:
Proof of Identity of applicant Identity like Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card
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.
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In case of Indian applicant, documents should not be older than 2 months from the date of filing of the Form.
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In case of foreign applicant, address proof should not be older than 1 year from the date of filing of the Form.
copy of court order declaring DIN holder as insolvent/unsound mind. This is mandatory in case Concerned individual is declared as a person of unsound mind by a competent court or Concerned individual has been adjudicated as insolvent.
Copy of death certificate, this is mandatory in case of Death of the concerned individual
Other Attachments: -
- Affidavit including declaration that retained DIN will be updated with all associated CIN/LLPIN This is mandatory if user wants to retain any DIN
Timeline-
There is no prescribed timeline for filling the form.
Fees-
Fees applicable for Application for surrender of DIN is Rs 1000/-.
Signing and Certification-
The form shall be digitally signed by: -
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DIN Holder, and
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Form shall be digitally signed by a Chartered Accountant (CA) or Cost Accountant (CWA) or Company Secretary (CS) (in whole time practice).