27/09/2014

MCA tweaks norms for DIN, excludes requirement of PAN in data bank of eligible independent directors

Summary MCA tweaks norms for DIN, excludes requirement of PAN in data bank of eligible independent directors, Director appointment as per Companies Act, 2013
COMPANIES (APPOINTMENT AND QUALIFICATION OF DIRECTORS) AMENDMENT RULES, 2014 - AMENDMENT IN RULES 6, 9, 10, 11, 12; INSERTION OF RULE 10A, FORMS DIR-3A, DIR-3B AND DIR-3C; OMISSION OF FORM DIR-1, FORM DIR-4 & FORM DIR-7 AND SUBSTITUTION OF FORM DIR-3 & FORM DIR-6

NOTIFICATION [F. NO.01/9/2013 (PART-II) CL-V), DATED 18-9-2014
In exercise of the powers conferred by second proviso to sub-section (1), sub-section (4) and clause (f) of sub-section (6) of section 149, sub-sections (3) and (4) of section 150, section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160, sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act, 2013, the Central Government hereby makes the following rules to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, namely:—
Short title and commencement
1. (1) These rules may be called the Companies (Appointment and Qualification of Directors) Amendment Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Appointment and Qualification of Directors) Rules, 2014—
(1) in rule 6,—
(a)

in sub-rule (2)—

(i)

clause (c) shall be omitted;
(ii)

in clause (d), the words "and mother's name and Spouse's name (if married)" shall be omitted;

(b)

in sub-rule (4), the words letters and figure "in Form DIR-1" shall be omitted;
(2) in rule 9, in sub-rule (3),
(a)

(i) in clause (a), for the words "therein and sign the form", the words "therein, verify and sign the form" shall be substituted;

(ii) sub-clause (iv) shall be omitted.
(b)

after sub-rule (3), the following sub-rule shall be inserted, namely:—

"(4) In case the name of a person does not have a last name, then his or her father's or grandfather's surname shall be mentioned in the last name along with the declaration in Form No.DIR-3A.";
(3) in rule 10,—
(a)

in sub-rule (1), for the words and letters "the provisional DIN shall be generated by the system automatically which shall not be utilised till the DIN is confirmed by the Central Government", the words "an application number shall be generated by the system automatically" and letters shall be substituted;
(b)

in sub-rule (2), for the words and letters "the provisional DIN" the words "application number" shall be substituted;
(c)

in sub-rule (4), the words and letters "the provisional DIN so allotted by the system shall get lapsed automatically and" shall be omitted;
(4) after rule 10, the following rule shall be inserted, namely:—
"10A. (1) Every director, functioning as a director in one or more companies on or before the 30-6-2007 and who has not yet intimated his DIN to such company or companies shall, within one month of the receipt of Director Identification Number from the Central Government, intimate his Director Identification Number to the company or all companies wherein he is a director as per Form DIR-3B.
(2) The intimation by the company of Director Identification Number of its directors under section 157 of the Act shall be furnished in Form DIR-3C within fifteen days of receipt of intimation under section 156.";
(5) in rule 11, after the words "application received", the words "alongwith fee as specified in Companies (Registration Offices and Fees) Rules, 2014" shall be inserted;
(6) in rule 12, in sub-rule (1), for sub-clause (1), the following sub-clause shall be substituted, namely:—
"(1) The applicant shall download Form DIR-6 from the portal, fill in the relevant changes, verify the Form and attach duly scanned copy of the proof of the changed particulars and submit electronically.";
(7) the existing Form DIR-1 shall be omitted;
(8) for the existing Forms DIR-3, the following Form shall be substituted, namely:—
Application for allotment of Director Identification Number
(9) after form DIR-3 as substituted, the forms DIR-3A, DIR-3B and DIR 3C shall be inserted, namely:—
Declaration

Intimation of allotment of Director Identification Number (DIN) to the Company by the Director

Intimation of Director Identification Number by the company to the Registrar
(10) form DIR-4 shall be omitted;
(11) for the existing Form DIR-6, the Form DIR-6 shall be inserted, namely:—
Intimation of change in particulars of Director to be given to the Central Government
(12) form DIR-7 shall be omitted;


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