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SECURITY CLEARANCE FOR DIRECTOR’S APPOINTMENT

The Ministry of Corporate Affairs (MCA) vide its notification no. G.S.R. 410(E) dated 01.06.2022 has amended the Companies (Appointment and Qualification of Directors) Rules, 2014 and therefore notified the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022.

As a preventive measure taken by the MCA, this shall restrict the provisions for Director’s Appointment as-

  • of any such person to be appointed in the company, who is a NATIONAL OF A COUNTRY THAT SHARES LAND BORDER WITH INDIA (namely China, Bangladesh, Pakistan, Bhutan, Nepal, Myanmar and Afghanistan)

For such an appointment, necessary SECURITY CLEARANCE from the Ministry of Home Affairs, the Government of INDIA shall also be attached along with consent form.

Failing to do so, the following consequences shall arise:

  • No application number shall be generated for such a person applying for DIN (Director Identification Number)

Form DIR-2

Consent to act as a director of a company

[Pursuant to section 152(5) and rule 8 of Companies (Appointment and Qualification of Directors) Rules, 2014]

 To,

The Board of Directors

__________________________(PRIVATE) LIMITED

Address: ________________________________________

Subject: Consent to act as a director.

I, ____________, hereby give my consent to act as director of _____________________________ (PRIVATE) LIMITED, pursuant to sub-section (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a director under the Companies Act, 2013.

1. Director Identification Number (DIN) :

2. Name (in full) :

3. Father’s Name (in full) :

4. Address :

5. E-mail ID :

6. Mobile No. :

7. Income-tax PAN :

8. Occupation :

9. Date of birth :

10. Nationality :

11. No. of companies in which I am already a Director and out of such companies the names of the companies in which I am a Managing Director, Chief Executive Officer, Whole time Director, Secretary, Chief Financial Officer, Manager: __________

12. Particulars of membership No. and Certificate of practice no. if the applicant is a member of any professional Institute: __________

DECLARATION

  • I declare that that I have not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years. I further declare that if appointed my total Directorship in all the companies shall not exceed the prescribed number of companies in which a person can be appointed as a Director.
  • I further declare that –

I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director;

or

I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director and the same has been obtained and is attached.

(Signature): _________________

____Name________

_________Designation______

_______DIN_________

Date: ____________

Place: ____________

Attachments:

1. Proof of Identity- self attested copy of PAN

2. Proof of Residence- self attested copy of AADHAR

******

Author: ARSHPREET K. & CO., Practicing Company Secretaries based at Chandigarh and Mohali. Kindly contact us at csarshpreet22guliani@gmail.com

 Disclaimer:  The contents of this article are based upon the relevant provisions and information existing at the time of its compilation. The Author took this initiative just for easing the interpretation  of provisions of law and this is not to be treated as any professional advice and is further subject to change without notice. Therefore, I do not assume any responsibility for the consequences arising out of use of such information.

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