Cancellation or surrender or Deactivation of DIN :
Rule 11 of the Companies (Appointment and Qualification of Directors) Rules, 2014 as amended by the Companies (Appointment and Qualification of Directors) Amendment Rules, 2014, lays down the procedure for cancellation or surrender or deactivation of DIN as under:
(1) The Central Government or Regional Director (Northern Region), Noida or any officer authorised by the Regional Director may, upon being satisfied on verification of particulars or documentary proof attached with the application received along with fee as specified in Companies (Registration Offices and Fees) Rules, 2014, from any person, cancel or deactivate the DIN in case-
(a) the DIN is found to be duplicated in respect of the same person provided the data
related to both the DINs shall be merged with the validly retained number;
(b) the DIN was obtained in a wrongful manner or by fraudulent means;
Provided that before cancellation or deactivation of DIN pursuant to the above clause (b),
an opportunity of being heard shall be given to the concerned individual.
For this purpose
(i) the term “wrongful manner” means if the DIN is obtained on the strength of documents which are not legally valid or incomplete documents are furnished or on suppression of material information or on the basis of wrong certification or by making misleading or false information or by misrepresentation.
(ii) the term “fraudulent means” means if the DIN is obtained with an intent to deceive any other person or any authority including the Central Government.
(c) of the death of the concerned individual;
(d) the concerned individual has been declared as a person of unsound mind by a competent Court;
(e) if the concerned individual has been adjudicated an insolvent.
(f) on an application made in Form DIR-5 by the DIN holder to surrender his or her DIN along with declaration that he has never been appointed as director in any company and the said DIN has never been used for filing of any document with any authority, the Central Government may deactivate such DIN.
Provided that before deactivation of any DIN in such case, the Central Government shall verify e-records.