The MCA has re-examined the cumbersome process of allotment of Directors Identification Number and based on the recommendations received, constituted a Group to examine the business process re-engineering under MCA-21. In order to speed up and simplify the process to obtain a DIN, the below mentioned procedure has been recommended.
• DIN Application will be made only in e-Form (No physical submission) along with scanned documents and online payment of fees (No payment through challans). The application can also be submitted online by the applicant himself using his Digital Signature Certificate.
• DIN 1 e-Form can be digitally signed by the professional who shall also confirm that he has verified the particulars of the Applicant given in the application.
• Where DIN 1 is verified by the professional, the DIN will be approved by the system immediately online. In other cases the DIN cell will examine the application and same shall be disposed within a day or two. The above procedure also applies to filing of DIN 4 intimating changes in particulars of Directors.
• Penal implications to follow against the applicant and professional certifying the DIN application in case of false information / certification. The aforementioned procedures, is expected to enable the allotment of DIN on the same day.
A notification to notify the aforesaid procedure is in the process of being issued. After issue of necessary notification, the applicant/professionals/DIN Cell are advised to follow the notified procedures for the allotment of DIN. General Circular No.5/2011 dated 4 March 2011- Ministry of Corporate Affairs Process of incorporation of companies and establishment of principal place of business in India by foreign companies simplified and e-payment of MCA fee made compulsory In continuation with their endeavour to help the corporate sector in India operate with maximum ease in a regulated environment, the MCA has issued two General Circulars (the circulars) in relation to simplifying the process of incorporating a Company in India and making compulsory e-payment of fee to the MCA. The below mentioned procedure has been recommended: Approval process followed by Registrar of Companies (ROC) for incorporation of companies Only the application and declaration for incorporation of a company in Form 1 will be approved by the ROC office and other incorporation forms such as notice of situation of registered office (Form 18) and particulars of appointment of directors (Form 32), which were approved by ROC will be processed by the system online. Further, following incorporation forms will be considered by ROC under the category of ‘highest priority’ while processing:
• Form 1A (Application form for availability or change of a name)
• Form 37 (Application by an existing joint stock company or by an existing company for registration)
• Form 39 (Registration of an existing company as a limited company)
• Form 44 (Documents delivered for registration by a foreign company)
• Form 68 (Application for rectification of mistakes apparent on record).
A separate notification is expected, notifying the changes in Forms 18 and 32 to enable them to be taken on record through the online system. With the simplification of the approval process, the MCA expects that the average time taken for incorporation of company shall reduce to one (1) day only. General Circular No. 6/2011 dated 8 March 2011- Ministry of Corporate Affairs