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Sec 153 -159 of Companies Act 2013

Sec 153 to 159 – Related to DIN.

Director identification Number is a prerequisite for appointment as director in a company in India. Same time Register of Directors and Key Managerial personnel serve the purpose of Record of interests of these persons in company and otherwise.

DIRECTOR IDENTIFICATION NUMBER (SECTIONS 153 – 159)

Every individual intending to be appointed as director of a company shall make an application for allotment for Director Identification Number (DIN) to the Central government. (Section 153)

The Central government shall within one month from the receipt of the application allot a Director Identification Number to the applicant. (Section 154)

No person who already has a Director identification Number shall apply for another Director Identification Number. (Section 155)

Every existing director, within one month of the receipt of Director Identification Number from Central Government, shall intimate the Number to all the companies where he/she is a director. (Section 156)( Refer notification dated 30 June 2007)

Every company, within fifteen days of the receipt of intimation from the director, shall furnish the Director Identification Number to the registrar. If a company fail to furnish Director identification within a period specified under Section 403, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees. (Section 157)

Every person or company, while furnishing any return, information or particulars as are required to be furnished under this Act, shall mention the Director Identification Number in such return, information or particulars in case such return, information or particulars relate to the director or contain any reference of any director. (Section 158) Where a copy of such resolution is to be furnished somewhere, DIN should be mentioned. Simply, this is prudent to mention DIN in all resolutions.

If any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continues. (Section 159)

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