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vincent gomez (proprietor )     28 June 2019

Regarding din of a company and dpin of a llp

Greetings of the day, a friend of mine approached me stating that his Father in Law a retd. senior person and a Pharmacist, who was a Director in a Public Limited Company had a DIN. In the year 2011 her sold all his shares and resigned from the Company, since then he has no Company shares and no Company involvement in any nature whatsoever maybe, subsequently in the year 2015 the Company was struck off from the name Register of ROC for not doing any business but they filed proper returns legally and had no liabilities. Now the question is that being a Pharmacist - he has various formulations which he intend to manufacture by setting up his own manufacturing unit in Delhi, India by entering into LLP with his daughter. My query is (1) since he has already a DIN which is deactivated as it is not renewed, do he have to renew that DIN ( struck off Company) in question for his LLP registration? Or he has to obtain a fresh DPIN (for new LLP) separately. Since my friend is close family member I told his that our trusted taxguru will suggest the right legal way to deal with this matter in question, hence this email to you. Pl also let us know if you have any office in New Delhi which he can visit being an old man he prefers to visit your office in New Delhi, if his said DIN matter is solved, he will register his new LLP with your office in New Delhi as per his desire. Pl also let us know your fees to register a new LLP in Delhi with a Capital of Rs. 1 lac (rupees one lac only). So pl reply ASAP and oblige. With best regards Vincent Gomez


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 3 Replies

Harshit Kedawat (Advocate )     08 July 2019

Sir first of all I want to clear that in lifetime of a person only 1 DIN is issued, so the question of getting new DIN issued is not worth considering. Coming on this particular scenario , we need to check whether resignation of the same director has been filed with ROC before company got struck off or not. Actually there are 2 scenario in which DIN does not work  i)  If the resignation of the director has not been filed by the company and company gets struck off  before filing then in that case DIN is disqualified and ii) If DIR-3 KYC has not been done then DIN gets deactivated. To check in which scenario DIN falls , DIN number would be required for the same.
For further help you can contact me on 9654828902. 
We have our office in Delhi.

vincent gomez (proprietor )     25 July 2019

DIR 3 -KYC has not been done and the DIN has been deactivated already.

Harshit Kedawat (Advocate )     25 July 2019

So as DIN has been deactivated firstly we need to activate the DIN . Penalty for activating DIN is RS 5000. Then only we can use DIN for LLP incorporation.

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