Section 153 of the Companies Act, 2013
Section 153 of the Companies Act, 2013 relates to the Allotment of Director Identification Number (DIN).
๐ Section 153 โ Application for Allotment of Director Identification Number
Provision:
Section 153 states that every individual intending to be appointed as a director of a company must apply for a Director Identification Number (DIN) to the Central Government, in a prescribed form and manner, along with prescribed fees.
โ Key Points:
Who needs to apply?
Any individual who wants to be appointed as a director in a company (public, private, or one-person company).
Where to apply?
Application is made to the Central Government (now through the MCA21 portal).
How to apply?
The application must be filed in Form DIR-3 (except for first directors of new companies, who apply through SPICe+ Form).
Must include:
Identity proof,
Address proof,
Photograph,
Digital signature of the applicant and a practicing professional (CA/CS/CMA).
Fees:
As prescribed under the Companies (Registration Offices and Fees) Rules.
๐งพ Related Provisions:
Section 154 โ Allotment of DIN by Central Government.
Section 155 โ Prohibits having more than one DIN.
Section 156 โ Directors must intimate DIN to the company.
Rule 9 of Companies (Appointment and Qualification of Directors) Rules, 2014 โ Provides procedural details.
๐ Penalty for Non-compliance:
If a person fails to obtain DIN before acting as a director, or possesses more than one DIN, penalties may apply under Sections 155โ159.
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