Companies Director Identification Number (Second Amendment) Rules, 2011

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Ministry of Corporate Affairs
Notification

New Delhi 02^nd June 2011

G.S.R. …………. (E). – In exercise of the powers conferred by clause (A) and (b) of sub-section (1) of section 642 read with sections 266A, 266B and 266E of the Companies Act, 1956 (1 of 1956), the Central Government hereby makes the following rules, further to amend the Companies (Director Identification Number) Rules, 2006 namely:-

1. Short title and commencement

(1)These rules may be called the Companies Director Identification Number (Second Amendment) Rules, 2011.

(2) They shall come into force with effect from 12^th June, 2011.

2. In rule 3,‑

(i) In sub-rule (3), para (b), the word ‘can’ after the words ‘the form’, shall be substituted by the word ‘shall’:

(ii) In sub-rule (3), para (b), the words ‘or by the Managing Director or Director of the company in which the applicant intends to be a Director’ after the words ‘full time employment of the company’ to be deleted;

(iii) In sub-rule (3), para (d) to be deleted.

3. For rule 4, para (b), the following para (b) shall be substituted, namely:-

“(b) after successful payment of fee, the system after processing, shall automatically generate the approved DIN, except for cases where potential duplicates are identified. In potential duplicate cases, theprovisional DIN shall be generated by the system.”

4. In rule 7,-

(i) In sub-rule (2), para (b), the word ‘needs’ after the word the form, shall be substituted by the word ‘shall’;

(ii) In sub-rule (2), after para (b), the following para (c) shall be inserted, namely:-

“(c) the form can also be digitally signed by a Company Secretary in full time employment of the company.”

(iii) For sub-rule (4), following sub-rule shall be inserted, namely:-

“(4) after successful uploading of Form No. DIN-4, the system after processing, shall automatically incorporate the changes in the particulars of the Director in the DIN database maintained by the Ministry, except for cases where potential duplicates are identified. In potential duplicate cases, the Central Government, shall examine the application as perprocedure adopted in case of provisional DIN as given in rule 3, sub-rule 6, 7 and 8.”