DIN can’t be deactivated/cancelled solely for disqualification u/s 164 (2) of Companies Act, 2013: Kerala High Court

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The Kerala High Court held that Director Identification Numbers (DINs) allotted under Rule 10 of the Companies (Appointments and Qualifications of Directors) Rules, 2014, are not liable to be deactivated or cancelled solely for the reason of disqualification for appointment / reappointment as Directors of Companies u/s Section 164(2) of the Companies Act, 2013.

The High Court also upheld the constitutionality of Sections 164 (2) and 167 (1) of the Companies Act, 2013, which deal with the disqualification of Directors from companies. The order further stated that Section 164(2) is not retrospective in operation.