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APPOINTMENT OF FOREIGN DIRECTOR

Introduction

 

Each and every firm has to have a certain number of directors in a Company in order to constitute the Board of the Firm. This has to be done as per the provisions of ComPANies Act, 2013. There are different criteria set for the different forms of organizations for having the minimum number of Directors within it. A foreigner or an Indian can both become an executive or non-executive director of either public or private Indian organizations.  

 

Documents Required

 

The following are the documents that are required for the filing of the application of the appointment of the foreign director. 

Photograph;

Proof of identity;

Proof of residence;

Copy of Resolution informing of the Proposal to appoint Director Inclusive of Foreign National 

Also, the FORM DIR 3b has to be filled to the Central Government in case any person, either Indian or Foreigner, whoever wants to file application b for the DIN. 

 

Fees for application

 

As specified by the rules and regulations, the applicant has to submit a mandatory and feasible amount of Rs. 500 along with the application. 

 

Guidelines to be kept in mind

 

The following are the guidelines that must be kept in mind while you are applying for being the foreign director. The candidate must fulfill these criteria as listed below:

Every person even if is a foreign national, has to have a DIN or the Director Identification Number before appointed as a director;

Every person even if is a foreign national, wants to be appointed as the Director has to provide his DIN and has to declare that he is qualified to become a Director under this Act.

Every person even if is a foreign national, who has been appointed as the Director cannot act as one unless the person gives written consent in FORM DIR 2. This consent has to be filed within 30 days of appointment with the Registrar.

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FAQ - Frequently asked questions

What is a Director Identification Number?

Director Identification Number (DIN) is an 8-digit Unique Identification Number allotted to all existing and new directors. It is a mandatory requirement and without DIN no person can become a director.


Can a foreigner become a director of Public or Private Organizations in India?

A foreigner or an Indian can both become an executive or non-executive director of either public or private Indian organizations.


What are the benefits of DIN?

Obtaining DIN has been made mandatory as earlier people would incorporate companies such as chit fund and raise money from people and cheat people. Now Ministry keeps DIN database to map all the people who hold director position in any company. The DIN directory contains all information regarding the directors, such as their name, PAN number and also their present address. Any change in the address or other information needs to be updated immediately


Within how many days a company should intimate to the registrar about the appointment

Company shall within 30 days of the appointment file such consent with the Registrar in the prescribed form


Whether DIN is mandatory for foreign director

Foreign National as a Director shall make an application for obtaining DIN in prescribed form.