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The Ministry of Corporate Affairs vide Notification G.S.R (E) dated 24th December, 2012 has amended e-forms DIN 1, DIN 4 and Form 18. The new e-forms are in effect from 25th December 2012. Some of the changes are as follows:
a) The Application for Directors Identification Number vide Form DIN 1 now requires the current occupation and Educational Qualification to be filled in and the Affidavit to be attached thereto needs to be on duly notarised non-judicial Stamp Paper of Rs. 10/-.
b) DIN numbers allotted by the Central Government, if not activated within 365 days from date of allotment, can be deactivated or cancelled.
c) DIN 4 being the form for changes to DIN 1 requires the verification by a Professional that they are satisfied of the identity of the Director or designated partner and that the person is personally known to the professional or that the professional has met the person alongwith the originals of the documents attached. 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 mentioned in the instruction kit.
d) A mandatory Clause 4(b) has been introduced to the Form 18 – Form for notification of Registered Office Address as follows: “(b) Registered Office is
• Owned by company
• Owned by Director (not taken on lease by company)
• Taken on Lease by Company
• Owned by any other entity/Person (Not taken on lease by company)”
Form 18 now requires proof of Registered Office address as a mandatory attachment alongwith a No-objection certificate from director if Registered Office is owned by director (not taken on lease by company) or a proof that the Company is permitted to use the address as the registered office of the Company if the same is owned by any other entity/Person (not taken on lease by Company).
Additionally, a mandatory verification has been inserted that: “The company undertakes to file the form 18 for change of registered office address with the ROC within prescribed period.”
Also a certificate, certifying the personal visit by CA/ CS/CWA (whosoever is certifying the form) to new address is inserted which is as follows: “I further certify that I have personally visited the new address, verified it and I am of the opinion that the premises are intended to be at the disposal of the applicant company.”
