An Application Shall be made in Form DIR-3 pursuant to Section 153 & 154 of the Companies Act, 2013 by the person who wish to apply for the same and such form shall be filed with MCA online along with Verification of Language as mentioned in Form DIR-3 {Earlier Form DIR-4} [Pursuant to section 153 and rule 9((3)(a)(iv) of Companies (Appointment and Qualification of Directors) Rules,2014].
Instructions for e-Filing Form DIR-3 with MCA
1) Form DIR-3 shall be downloaded online from the MCA 21 website under the Tab Company Forms Download.
2) Eligibility for Application: Person should be minimum 18 years of age while applying for this application.
3) All the Mandatory Details like Applicant Name, Father’s Name, PAN and other fields marked in *shall be filed in the form and Other Details which are not mandatory shall also be filed in form for the good sake.
4) Following Scanned Documents are mandatory and shall be attached along with form:
a. High Resolution Photograph of the Applicant in JPEG Format.
b. Proof of identity i.e. Attested copy of PAN in case of Indian national and Attested Copy of Passport in case of Foreign National
c. Proof of Residence i.e.
i. Aadhar Card;or
ii. Passport;or
iii. Driving License;or
iv. Voter’s Identity Card;or
v. Bank Statements, Utility Bills can be submitted but it should be in the name of Applicant only.
5) It is Important to note that the particulars submitted in form DIR-3 should match with details provided in supporting documents being submitted with the DIN Application. If there is any mismatch DIN Application can be rejected.
Example: Name entered in the form should match with Proof of Identity Submitted and Permanent residential address entered in the form shall match with Proof of Residence Submitted etc.
6) Check Form: After Proper filling of the form, Click the check Form Button and Correct the Highlighted errors if any and on Successful Validation, a message will be displayed “Form Level pre scrutiny is successful”.
7) Prescrutiny: After checking the form Click on pre scrutiny and if there are no errors, a message will be displayed ”No errors Found”. This Step requires Internet Connectivity.
8) The form shall be digitally signed by the
a. Applicant; and
b. either by
i. Chartered Accountant or Company Secretary or Cost Accountant ( In Whole Time Practice) or
ii. Company Secretary ( In Whole Time Employment ) or director of existing company in which applicant is proposed to be a Director
9) Fees Payable: DIN Application Fees of Rs.500 is payable for e-filing Form DIR-3. Only Electronic Payment is allowed i.e. through Net Banking/ Credit Card.
Verification in Form DIR-3
1) Verification shall be made by the Applicant in Form DIR-3 for the Application of DIN that:
a. That Photograph and Documents being submitted in Form DIR-3 are true and to the best of his Knowledge, and
b. That He is not Disqualified, restrained or removed, for being appointed as director of a Company under the Provisions of Section 164 and 169 of Companies Act,2013,and
c. That he has not been declared as proclaimed offender by any Economic Offence Court or Judicial Magistrate Court or any other Court, and
d. That he has not already been allotted a Director Identification Number under section 154 of the Companies Act,2013, and
e. That he shall be liable under section 448 of the Act and under the relevant provisions of the Penal Code, 1860 and under any other law as applicable, if any statement in this application is found to be false or any material fact is found to have been omitted.
2) Therefore, the Applicant shall verify the above points after proper study considering the provisions of companies Act, 2013 and provisions of any other law listed above.
3) Earlier, Such Verification has to be made in form of Affidavit in Form DIR-4 but now as the above Language is included in e-form DIR-3; therefore, it is not mandatory to attach the Affidavit of the above Language.
Credits : Parag Kukreja