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Dec 29, 2012

MCA amends eForms Din 1 & 4 and 18

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MCA amends eForms Din 1 & 4 and 18
Ministry of Corporate Affairs vide Notification G.S.R (E) dated December 24, 2012 has amended e-forms DIN 1, DIN 4 and Form 18. The new eforms shall come into effect from 25th December 2012 . The details regarding the amendment is summarized below
  1. Form DIN 1:
    • A new column for “Current Occupation” and “Educational Qualification” of the Applicant has been inserted in the Form.
    • Changes in Affidavit prescribed in Annexure 1 to DIN 1:

      Certain additions have been prescribed in the existing format which are as follows:

      1. Affidavit to be on a non-judicial stamp paper of Rs. 10/- which should be duly notarized.
      2. Following additional declarations have been inserted in the Annexure which shall confirm as follows:
        • The particulars of address provided in DIN 1 of the applicant and documents attached as address proof are correct beyond all reasonable doubts.
        • Neither has any false information has been furnished nor the applicant has suppressed any material information with view to obtain DIN. In case information provided is found to be false or suppressed or willful omission, the applicant shall have no objection to de-activation and cancellation of the DIN allotted by the Central Government and the applicant shall be liable for penal action u/s 628 of the Companies Act.
        • In case of DIN allotted by the Central Government has not been activated within 365 days from the date of allotment, the applicant shall have no objection for cancelling/Deactivating for cancelling/ deactivating the allotted DIN.
  2. Form DIN 4:
    • The existing certification column (after serial no.17) has been substituted by following:
      1. I hereby verify that I have satisfied myself about the identity of the director/ designated partner based on the perusal of the original of the attached documents. 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 mentioned in the instruction kit.
      2. I also verify having attested the photograph of the said person:
        • Who is personally known to me; or
        • Who met me in person along with the original of the attached documents
      3. It is further certified that all required attachments have been completely attached to this application
  3. Form 18:
    • Mandatory clause 4 (b) regarding ownership of registered office has been inserted in the Form which is as follows:
      1. “(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)”
    • Following attachments have been additionally inserted:
      1. Proof of Registered Office address – which is mandatory attachment
      2. No-objection certificate from director if registered office is owned by director (not taken on lease by company)
      3. 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)
    • One mandatory verification has been additionally inserted which is as follow: “The company undertakes to file the form 18 for change of registered office address with the ROC within prescribed period.”
    • One additional certificate, certifying the personal visit by CA/ CS/ CWA (whosever certifying the form) to new address is inserted which is as follows: “I further certify that I have personally visited the new address, verify it and I am of the opinion that the premises are intended at the disposal of the applicant company.” This ia very important amendment as it will increase the liability of the certfying professional and the scope of work.


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