Notification/major changes in DIN1 (Director Identification Number)

Major changes in DIN1 (Director Identification Number)

As per Notification dated 24.12.2012 by the Ministry of Corporate Affairs.

The Central Government has made amendment in the Companies (Director Identification Number) Rules, 2006 as follows:-

  • Enter the current occupation and educational qualifications of the applicant
  • Affidavit by the applicant to be executed on non judicial stamp paper amounting to Rs. 100 and duly notarised
  • Certification by CS/CA/CWA in Whole Time Practice that an applicant is personally known to him or an applicant met him / her in person along-with the ORIGINAL of the attached documents i.e. Identity Proof, Address Proof


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25 thoughts on “Notification/major changes in DIN1 (Director Identification Number)

  1. hi

    Need some legal opinion on a matter. Could you please advise.

    Background:
    A foreign party has bid for a project with an Indian company and therefore submitted a Joint Venture Agreement with the Indian Company on a non judicial stamp paper. Is such a JV agreement okay?

    Please clarify whether a foreign national(alien) can be a party to an agreement on non judicial stamp paper? If yes, are there any additional
    documents/ details to be provided?

    Thanks in advance.

  2. Australian client going to form a partnership pvt. ltd. company with me (Indian).
    I need advice on the affidavit format.
    Can he attested all the documents from public notary in Australia?
    There he did not find any stamp paper like in India, can he simlpy print in normal paper and get stamp from public notary?
    Pl. advice.

    • If the person is residing outside India then all relevant documents of incorporation should be attested and notarised from Foreign Public notary as per Hague Convention Act. As far as the Indian Stamp act concern, an applicant is also required to comply the provisions of Indian Stamp Act and pay stamp duty by purchasing stamp paper in India.

  3. Respected Madam

    We want to take DIN of one of our US National who is presently in India. Should we Notarize the Affidavit from Indian Ambessey in US or from Notary in India or any Practicing Professional in India.

    Practically if the US National is in India it is not possible to get the affidavit Notarised from US Notary or Indian Ambessey.

    Pl Advice

    • Sorry for the delayed reply. If the person is resident out side India then as per DIN Rules, the documents which are to be attached to DIN form should be notarised from Indian Embassy, Foreign Public Notary. If the person who is US national present in India, then notary from respective state shall be acceptable.

  4. Your Blog super madam. many times I referred.

    With regards
    Manoj kumar P.CA final

  5. Hello ,

    One of my client wanted to apply for DIN.

    NRI (NZ) couple of things wanted to clarify.

    He has an OCI which only helps from travelling has somebenefits but i believe that cannot be considered as dual citizenship.

    So the passport is of NZ so he is a citizen of NZ not INDIA even though the origin i.e BIRTH is of INDIA.

    So that application will fall under the category of NRI. Hence if he holds an affidavit which was signed and stamped by the commission i,e on 27/05/2013 will that hold the validity as of now ??

    Secondly the documents required that is Passport (Mandate) , Resident Proof and Affidavit. So in this case we have both but not sure about the Affidavit if its valid then definately we can apply the same for DIN.

    Thirdly Can we apply as a INDIAN CITIZEN if he has a PAN CARD AND NOC as a Address Proof From a relative can we apply for the DIN.

    Request you to kindly clarify doubts.

    Thanks
    Adv Sahil Vora

  6. Hi
    I am applying for DIN of a Foreign National presently outside India. The attestation of his documents / IDs will be done by the Indian Company’s CEO in which he is proposed to be a director. (As mentioned in MCA FAQ). He has valid Multiple Entry Indian VISA. My query is related with the Affidavit need to be attached in DIN 1. Can it be attested from a Notory Public/Attorney of the Foreign country instead of getting it attested from the Indian Embassy in his country? Awaiting your comments.

    • If the proposed director is foreign national resident outside India, doucuments like identity proof and addres proof and affidavit should be notarised as per Hague Apostile Convention, 1961. Further to your valuable information please check whether the country where he is living falls under common wealth country or not.

  7. Hi,

    Simply, I can say that your efforts are great. Hope, you will continue this at all times to all including learner(s) like me.

    Hope, I am able to raise my queries.

    Query

    How a foreign national can buy stamp paper in India for applying DIN, when he resides abroad.

    OR

    Is it that the Professional will buy stamp paper in India in applicant’s name and send it abroad for executing and obtaining foreign notary public attestation.

    Please clarify.

    • If the Foreign national resides out side India, he has to provide attestation from an Indian Embassy of the home country. No need to purchase stamp paper for an affidavit required for DIN form. He has to obtain attestation on affidavit and identity and address proof.

  8. Is the due date of filing XBRL(23AC & 23ACA) is same as for NON XBRL(23AC & 23ACA)?

    • Sorry for the delayed payment. The due date of filing XBRL (23AC and 23ACA) is not same as for NON XBRL (Form 23AC and 23ACA).

  9. Hi i am trying to apply for DIN of a Non resident Indian who lives in USA.

    His identity proof and passport have been duly notarized by a foreign public notary but how should i make him sign an Affidavit which is on a Stamp paper.

    Please suggest ASAP

    • If NRI is applying for DIN, the identity proof, address proof and affidavit should be notarised from an Indian Consulate of Home Country and not from Foreign Public Notary.
      It is necessary to obtain identity proof, address proof and affidavit to be notarised from foreign public notary if an individual applying for DIN 1 who will be a foreign national.

  10. While taking Stamp paper for DIN I and what shall be the party and second party name.

    • While purchasing stamp paper for DIN 1, applicant’s name will be first party name and the person purchasing the stamp on his/her behalf will be second party name. I assume that your question relates to purchase of stamp paper. Thanks,

  11. 1. What shall be the first Party name while buying stamp paper …..Is it mandatory that person applying for DIN have to purchase Stamp paper in his own name ?

    2. *Affidavit on stamp paper amounting to Rupees 100 :/ or 10 ?

    Thanks in advance. :-)

    • 1. The person applying for DIN is required to purchase the stamp paper in his/her name only.
      2. The Notification passed by the Government has mentioned that affidavit shall be on Rs. 10 stamp paper. But now a days it is difficult to obtain stamp paper valuing Rs.10, hence you may obtain stamp paper valuing either Rs. 10/20/50/100/.

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