Form DIR-5 for Surrender of DIN
Form DIR-5 for Surrender of DIN
DIN or Director Identification Number is required for any person who is a director or partner of a company or LLP registered in India. Hence, during the company registration or LLP incorporation process, after obtaining digital signature for the proposed director or partner, DIN is obtained. In some cases, DIN is wrongly obtained for person already having a DIN. In this article, we look at the procedure for surrender of DIN in such cases.
Surrender of DIN
DIN is tied to PAN or Passport number of the applicant and each person is allowed to obtain one DIN as per rules and regulations. Hence, prior to applying for a DIN, its important for the applicant to verify if he/she has been allotted a DIN by verifying the DIN database. Know how to search for DIN.
During the DIN registration process as well, procedure has been put in place by the Government to prevent duplicate DIN generation by verifying against the PAN database. However, in rare cases, a duplicate DIN may be generated inadvertently. For such cases, the Government has recently introduced Form DIR-5 for surrender of DIN.
Procedure for Filing Form DIR-5
Any person wishing to surrender a DIN can file Form DIR-5 with the MCA. In Form DIR-5 the following information must be provided by the applicant:
- Any DIN Number held by the applicant
- Reason for surrender of DIN
- Whether DIN holder is retaining any DIN
- Number of DIN(s) being surrendered by the applicant
- DIN Number to be surrendered
- Digital signature of the person surrendering the DIN.
- In the following cases, the another related person can also sign Form DIR-:
- Form DIR-5 can also be filed or digitally signed by a relation of the person if the DIN holder has passed away or has been declared as a person of unsound mind by a competent court or the person has been adjudicated as insolvent.
Documents Required for Surrender of DIN
The following documents must be filed by the applicant along with Form DIR-5 for surrender of DIN.
Proof of Identity
Identity proofs like Voters Identity Card/ Passport/ Driving License/ Aadhaar Card/ PAN Card must be submitted.
Proof of Address
Address proofs like passport, election (voter identity) card, and ration card, driving license, electricity bill, telephone bill or aadhaar card in the name of applicant.
- 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.
In case a DIN is surrendered because a person is declared as insolvent or of unsound mind, then the court order must be attached. In case of surrender of DIN due to death of the person, then copy of death certificate must be attached.
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.
Digital Signature of Professional
Form DIR-5 must finally be signed by any of the following professional:
- Chartered Accountant in whole time practice
- Company Secretary in whole time practice
- Cost Accountant in whole time practice.