LATEST DEVELOPMENT ON FORM DIR 3 AND DIR 6

The most awaited notification regarding allotment/modification of Director Identification Number(DIN) has been issued by the Ministry of Corporate Affairs (MCA) vide notification dated 12^th day of June, 2018. The Ministry has issued 2 notifications separately for Company as well as LLP.

Under the notification for Company, the Ministry has amended Form DIR-3 for allotment of DIN 3 and Form DIR 6 for modification of DIN w.e.f. 15.06.2018.

Due to non-allotment of fresh DIN/DPIN(Director/ Designated Partner Identification Number), it was very challenging to change existing Designated Partner in LLP. Vide notification related to LLP, the Ministry has bought relaxation for existing LLP by amending Sub rule 1 and Sub rule 4 (i) of the Rule 10 of the Limited Liability Partnership Rule, 2009. The two amendments are as follows:

1. Under Rule 1, it has levied on every individual who intends to be appointed as a Designated Partner of an existing LLP shall apply for DPIN electronically in for DIR-3 under Companies (Appointment and Qualification of Directors) Rule, 2014 and such DIN so allotted shall be sufficient for appointment as Designated Partner.
2. Under Rule 4(i), any amendment in DIN/DPIN due to change in particulars of the Person, shall be intimated to the Central Government in Form-DIR-6, within 30 days of amendment.

With this amendment, the liability of the person certifying the Form has been increased. The Person needs to ensure the originality and validity of all the documents provided for along with appointment of the Applicant. Therefore, the Company/ LLP needs to maintain necessary proof showing that not only the ID, Address Proof and Photograph has been verified but also documents relating to the proposal of appointment has also been verified.

However, the amendment still did not provide any relaxation or clarification regarding appointment in case of incorporation of New LLP. Might be possible, that the Ministry is planning for extending its RUN facility for LLP or for introducing an integrated form for incorporation of LLP or both. Let’s wait for next move of the Department in regard to incorporation of LLP.