Qualification of foreign personal for Company directoship

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Answer to the changed post:

Yes, under the provisions of the Companies Act, foreign nationals can be appointed as directors in Indian companies, provided they're eligible and have a Director Identification Number (DIN).

The Board of a company can comprise Indian residents and foreign nationals.

However, an Indian company must have at least one director who is an Indian citizen.

The Board cannot contain only foreign directors.

 A foreign national can be appointed as an executive or an independent director in an Indian company.

The criteria that needs to be fulfilled by a foreign national to be a director in an Indian company is as follows:

The foreign national must give a declaration while applying for DIN that he/she is not disqualified from becoming a director under the Act. The foreign national cannot act as a director upon his/her appointment unless consent is given to act as a director in form DIR-2. The foreign national should file his/her written consent with the Registrar of Companies within 30 days of his/her appointment.

The documents required for obtaining DIN are 

• Photograph
• Address proof such as driving license, bank statement or any utility bill (not older than two months) 
• Passport

The copies of the above documents must be notarised by a Public Notary and be apostilled by the competent authority in their country of residence.

Digital Signature Certificate (DSC)

The foreign nationals appointed as directors in an Indian company need to have a Class 3 Digital Signature Certificate (DSC). The DSC is required for filing online forms on the Ministry of Corporate Affairs (MCA) portal. The foreign nationals must affix their DSC on the DIR-3 form or SPICe+ form for obtaining the DIN.

The documents required for obtaining DSC are 

• Photograph
• Address proof such as driving license, bank statement or any utility bill (not older than two months) 
• Passport

The copies of the above documents must be notarised by a Public Notary and be apostilled by the competent authority in their country of residence.

No person shall continue or be appointed as director without obtaining DIN.

Documents required for obtaining DIN In case of foreign nationals are:

Duly attested copy of passport is a mandatory requirement for proof of identity.

(Proof of identify enclosed should contain the name, father’s name, date of birth of the applicant and the same should match the date of birth filled in the application form. In case the proof of identify does not indicate the Date of Birth then additional proof of Date of Birth, duly certified/ attested, should be attached).

Proof of father’s name is not required in the case of foreign nationals. Proof of residence of applicant l Duly attested Address proofs like passport, election (voter identity) card, ration card, driving license, electricity bill, telephone bill or aadhaar etc., shall be attached and should be in the name of applicant only.

 (In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal.

In the case of foreign nationals, translation done by the notary of home country is also acceptable.)

Photograph (DIR-3)  Board resolution proposing his appointment as director in an existing company

Specimen signature duly verified Procedure for Application of DIN for foreign national Details of a valid passport should be filled and a certified copy of same should be attached with the application.

 All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant.

If a foreign director has a valid multiple-entry Indian visa or Person of Indian Origin card or Overseas Citizen of India card, then the attestation could also be done by Public Notary / Gazetted Officer in India.