An ex-director of a Private Limited Company with an active DIN can join government job
You can join a government job but reveal your active DIN status as mentioned in the second last para graph because of the following reasons:-
DIN is a unique id like PAN and Aadhar. If you have served as a Director in a Company, coming under Companies Act, then you cannot cancel or surrender your DIN. It will continue to remain in force. Only if you haven't served as Director of any company, coming under Companies Act, can you surrender your DIN. Check the link Cancellation or surrender or Deactivation of DIN
So even after you resign from your post as Director your DIN will remain in force and from my understanding of the law you cannot surrender nor you can cancel it. This number is issued by the Ministry of Corporate Affairs (MCA). It is for lifetime.
So even after you resign from your post as Director your DIN will remain in force and from my understanding of the law you cannot surrender nor you can cancel it. This number is issued by the Ministry of Corporate Affairs (MCA). It is for lifetime.
In the following conditions only, it can be surrendered and cancelled:-
Rule 11 of the Companies (Allotment and Qualification of Directors) Rules 2014 talk about cancellation or surrender or deactivation of Director Identification Number (DIN).
The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received from any person, cancel or deactivate the DIN in case –
(a) the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;
(b)the DIN was obtained in a wrongful manner or by fraudulent means;
(c) of the death of the concerned individual;
(d) the concerned individual has been declared as a person of unsound mind by a competent Court;
(e) if the concerned individual has been adjudicated an insolvent. Before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual;
(f) on an application made in Form DIR – 5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN.
Before deactivation of any DIN in such case, the Central Government shall verify e-records.
Explanation.- For the purposes of clause (b) –
(i) the term “wrongful manner” means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation;
(ii) the term “fraudulent means” means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government.
DIN – 5:
This form is an e – form which is presently available as a manual form attachment.
Applicant’s name, DIN of the applicant, Reason for surrender, PAN number, Any one of the Voter Identity Card Number, Passport Number, Driving licence number, Unique Identity Number;Permanent residential address, Residential Address, Other information intends to submit
Following clarification is also required:
I declare that I have been duly engaged for the purpose of certification/verification of this form. It is hereby certified that:
a. I have satisfied myself about the identity of the applicant based on the perusal of the original of the attached document
Note: In case where the applicant is residing outside India the particulars have to be verified from the documents duly attested by the attesting authority as prescribed.
b. I also verify having attested the photograph of the said person:
(i) who is personally known to me; or
(ii) who met me in person along with the original of the attested Documents
c. It is further certified that all required attachments have been completely attached to this application
d. I have gone through the provisions of the Companies Act, 2013 and Rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that:-
a. All the required attachments have been completely and legibly attached to this form;
b. I have kept a copy of this form and attachments thereto, in my records for future reference.
c. It is understood that I shall be liable for action under section 448 and 449 of the Companies Act, 2013 for wrong certification, if any found at any stage.
But in your case it is not possible however you can reveal the same to your departmental head and a copy of same marked to the related ministry stating that you were an Ex Director in a Pvt. Co.(write name of that company) and state your tenure. Also annex photocopy of your resignation letter duly accepted by that Pvt. Co.
Rule 11 of the Companies (Allotment and Qualification of Directors) Rules 2014 talk about cancellation or surrender or deactivation of Director Identification Number (DIN).
The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received from any person, cancel or deactivate the DIN in case –
(a) the DIN is found to be duplicated in respect of the same person provided the data related to both the DIN shall be merged with the validly retained number;
(b)the DIN was obtained in a wrongful manner or by fraudulent means;
(c) of the death of the concerned individual;
(d) the concerned individual has been declared as a person of unsound mind by a competent Court;
(e) if the concerned individual has been adjudicated an insolvent. Before cancellation or deactivation of DIN pursuant to clause (b), an opportunity of being heard shall be given to the concerned individual;
(f) on an application made in Form DIR – 5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN.
Before deactivation of any DIN in such case, the Central Government shall verify e-records.
Explanation.- For the purposes of clause (b) –
(i) the term “wrongful manner” means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation;
(ii) the term “fraudulent means” means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government.
DIN – 5:
This form is an e – form which is presently available as a manual form attachment.
Applicant’s name, DIN of the applicant, Reason for surrender, PAN number, Any one of the Voter Identity Card Number, Passport Number, Driving licence number, Unique Identity Number;Permanent residential address, Residential Address, Other information intends to submit
Following clarification is also required:
I declare that I have been duly engaged for the purpose of certification/verification of this form. It is hereby certified that:
a. I have satisfied myself about the identity of the applicant based on the perusal of the original of the attached document
Note: In case where the applicant is residing outside India the particulars have to be verified from the documents duly attested by the attesting authority as prescribed.
b. I also verify having attested the photograph of the said person:
(i) who is personally known to me; or
(ii) who met me in person along with the original of the attested Documents
c. It is further certified that all required attachments have been completely attached to this application
d. I have gone through the provisions of the Companies Act, 2013 and Rules thereunder for the subject matter of this form and matters incidental thereto and I have verified the above particulars (including attachment(s)) from the original records maintained by the Company/applicant which is subject matter of this form and found them to be true, correct and complete and no information material to this form has been suppressed. I further certify that:-
a. All the required attachments have been completely and legibly attached to this form;
b. I have kept a copy of this form and attachments thereto, in my records for future reference.
c. It is understood that I shall be liable for action under section 448 and 449 of the Companies Act, 2013 for wrong certification, if any found at any stage.
But in your case it is not possible however you can reveal the same to your departmental head and a copy of same marked to the related ministry stating that you were an Ex Director in a Pvt. Co.(write name of that company) and state your tenure. Also annex photocopy of your resignation letter duly accepted by that Pvt. Co.
Generally individual hide and later when they are found with such background, then they try to convince the senior officials but no one will listen as they will take it as, knowingly you have hidden the fact. So the best way is to declare as mentioned in the above paragraph.
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