DIR-6 is an official e-form prescribed by the Ministry of Corporate Affairs (MCA) in India, used by directors and designated partners to report any changes in their personal particulars to the Central Government.
This form serves as an intimation of an alteration in information previously submitted, ensuring that the government's records of corporate executives and their associated details remain accurate and up-to-date.
Understanding Form DIR-6
Form DIR-6 is crucial for maintaining transparency and compliance within the corporate and Limited Liability Partnership (LLP) frameworks in India. It is specifically designed for individuals holding director identification numbers (DINs) or designated partner identification numbers (DPINs) who need to update their registered information.
Purpose and Applicability
The primary purpose of filing DIR-6 is to notify the Central Government, via the MCA, about any modifications to a director's or designated partner's details. These changes can range from personal information to contact details.
Key Applicability:
- Directors: Individuals holding a Director Identification Number (DIN) for private companies, public companies, or one person companies.
- Designated Partners: Individuals holding a Designated Partner Identification Number (DPIN) for Limited Liability Partnerships (LLPs).
Governing Rules
The requirement to file DIR-6 is mandated by specific rules under Indian corporate law:
- Rule 12(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014: This rule governs the intimation of change in particulars of a Director.
- Rule 10 of Limited Liability Partnership Rules, 2009: This rule pertains to the intimation of change in particulars of a Designated Partner.
These rules ensure that the Central Government receives timely and accurate updates regarding the individuals responsible for managing companies and LLPs.
What Information Can Be Changed?
DIR-6 is used for a variety of updates to a director's or designated partner's particulars. Some common changes include:
- Personal Details:
- Name (due to marriage, legal change, etc.)
- Father's Name
- Date of Birth
- Nationality
- Residential Address:
- Permanent residential address
- Present residential address
- Contact Information:
- Email ID
- Phone number
- Other Identifiers:
- PAN (Permanent Account Number) (if applicable)
- Passport Number (if applicable)
- Voter ID Number
- Driving License Number
Example Scenario:
Suppose a director changes their permanent residential address. They would be required to file Form DIR-6, attaching proof of the new address, to update their records with the MCA.
Process of Filing DIR-6
Filing Form DIR-6 is an online process facilitated through the MCA portal. It generally involves the following steps:
- Download the Form: Access and download the e-form DIR-6 from the MCA website.
- Fill in Details: Accurately fill in the updated particulars and existing details.
- Attach Documents: Attach necessary documentary evidence to support the changes (e.g., passport for name change, utility bill for address change). These attachments must be self-attested.
- Digital Signature: The form must be digitally signed by the applicant (director/designated partner).
- Professional Certification: The form needs to be certified by a practicing Company Secretary, Chartered Accountant, or Cost Accountant.
- Upload the Form: Upload the digitally signed form along with attachments on the MCA portal.
- SRN Generation: Upon successful submission, a Service Request Number (SRN) is generated, which can be used to track the status of the application.
Key Aspects of DIR-6
| Aspect | Description |
|---|---|
| Form Name | DIR-6: Intimation of change in particulars of Director/ Designated partner to be given to the Central Government |
| Governed By | Rule 12(1) of the Companies (Appointment and Qualification of Directors) Rules, 2014 & Rule 10 of Limited Liability Partnership Rules, 2009 |
| Purpose | To report changes in personal particulars (e.g., name, address, contact details) of a Director or Designated Partner. |
| Filing Mode | Online (e-form) via the Ministry of Corporate Affairs (MCA) portal. |
| Attachments | Mandatory supporting documents (e.g., proof of identity, proof of address) that validate the change being reported. |
| Compliance | Ensures that the official records of the Central Government regarding directors and designated partners are current, aiding in regulatory compliance and avoiding potential penalties for misrepresentation of information. |
| Importance | Essential for maintaining accurate public records, facilitating official communication, and ensuring legal compliance for all entities and individuals associated with them under the Companies Act and LLP Act. |
Importance and Implications
Accurate and timely filing of DIR-6 is critical for several reasons:
- Legal Compliance: It ensures adherence to the Companies Act, 2013, and the Limited Liability Partnership Act, 2008, preventing penalties or legal complications.
- Accurate Records: Helps the MCA maintain an up-to-date and reliable database of directors and designated partners, which is accessible to the public.
- Official Communication: Ensures that any official communications from the MCA or other regulatory bodies reach the correct address and contact details of the concerned individual.
- Credibility: Maintaining accurate information enhances the credibility of the director or designated partner and the associated company or LLP.
- Prevention of Misuse: Updated records can help prevent potential misuse of identity or discrepancies that might arise from outdated information.
In conclusion, DIR-6 is an indispensable compliance mechanism that underscores the importance of transparent and accurate record-keeping for individuals holding key positions in Indian corporate and LLP structures.
