Problem in surrender of DIN

[RISHI]

Whether a director can surrender his DIN, if he is not holding any directorship at present, but held directorship in past? Form DIR-5 showing error in prescrutiny. What to do? 

[Prakash Nagarajan]

Greetings Sir,

I have gone through regarding this and the provisions do not allow a person to surrender his DIN if he had held directorship during his past. If he gets covered in either of the following grounds as stipulated then alone he can surrender his DIN.

1) Holds Duplicate DIN - Then surrender the subsequent DIN's by holding the initial DIN.

2) DIN obtained fraudulently

3) Upon death of DIN Holder

4) DIN Holder - Becoming Unsound mind

5) Adjudicated as IP

6) If he has not acted as director in any company - from the date of obtaining DIN (Surely not possible now a days) as a person can either obtain DIN at time of incorporation or through any other director in which he wishes to become director. Not like previous era.

But I feel in my personal view that MCA should allow exit for un-willing DIN holders who do not want to possess DIN & again allow them to re-avail the same DIN allotted intially in later stage if required upon filing any prescribed form. 

Regards

CS Prakash Nagarajan

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On Sat, 23 Mar 2019 at 22:25, RISHI <rmit...@gmail.com> wrote:

Whether a director can surrender his DIN, if he is not holding any directorship at present, but held directorship in past? Form DIR-5 showing error in prescrutiny. What to do? 

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[Pcs_sandip Lathiya]

Once DIN used then it's cant be surrendered.

So it's advisable to do not follow Procedure of Din Surender and keep Din As it's.

On 1st May,Said DIN will automatically Will be Deactivated if DIR3 kyc will not filled .

And whenever DIN holder want to reactivate it, File DIR3KYC with the panelty (as prescribed in Helpkit).

[RISHI]

Mr Lathiya,

My problem is that whenever i try to file KYC form with retained DIN, message comes that other DIN with same pan number already exists. So how i can file his KYC? Further Both DINs of the person are already deactivated so why should i wait for May 1. 

[Pcs_sandip Lathiya]

Yes, Your query was not shown in your previous mail, so i asked about it.

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