ROC DIR 5
What is DIR 5?
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.
Who has to surrender the DIN?
The directors if attracts any of the below-listed conditions then in such a situation he would be required to surrender back his DIN mandatorily after following the prescribed procedure for surrendering DIN. The condition which if satisfied would require the director to surrender DIN are as follows:
- Having Multiple DIN’s
- DIN was obtained in a wrongful manner or by fraudulent means
- Death of the concerned individual
- DIN holder is declared as a person of unsound mind by the competent court.
- Concerned Individual has been adjudicated as insolvent
- DIN holder is/was not associated with any company/LLP
Documents required & Attachments
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.