A Foreign Nation, person and Non-Resident Indian can be appoint as the director on the board of the Indian Company, It May be Public, Private, Listed or Unlisted Company.

The Director should be above 18 years of age and must be a natural person. There are no restrictions in terms of citizenship or residency.

A Foreign Director can be appointed as whole time director (executive director) and Non-whole time director (non-executive director).

Step By Step

1. Person is required to take digital signature certificate and also obtain Director Identification No by filling of form DIR-3.

Attachment of Form DIR-3,

1. Resident Proof

2. Identity Proof

3. Photo

Note

  • Passport No is mandatory for Non-resident. Foreign nation shall select the nationality as declared in passport
  • All documents shall be apostle/ notarized in home country of the foreign person.
  • Pan is not mandatory for the foreign resident.

2. Now, File Form DIR-12 within 30 days from the date of passing of Special Resolution in Extra-Ordinary General Meeting.

Attachment of DIR-12

1. DIR-2

2. Notice of EGM

3. Special Resolution

4. Minutes of the Meeting

5. Identity Proof

6. Address Proof

7. Declaration By Appointee director in form DIR-8

8. Interest in other entity

Section 149(3) of Companies Act 2013 provides that every Company shall have at    least one Director who has stayed in India for a total period of not less than 182 days in the previous calendar year.

Even a Non- Resident can act as Resident Director of the Company provided he has stayed in India for more than 182 days in the previous calendar year.

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5 Comments

  1. J. Fon says:

    I am a foreign national and intend to become a Director of an existing Indian private limited company. I understand that the documents (copy of proof of residence & proof of identity) need to be notarized by a Public Notary and also authenticated/certified by the local Indian Consulate/Embassy in my country of residence.

    The main question is whether, in addition to having the documents attested by notary & Indian Consulate, I also need to sign the application form with a digital signature or not.

    These DSC (supplied to the client on pendrive) are not widely used in my country and hence expensive, also considering that it would be required to have the DSC renewed every 2-3 years for filing of the Dir-3 KYC form. If a DSC is required for the application of a DIN (e-form Dir-3) , then will a DSC obtained in my country of residence be accepted by the Registrar of Commerce/Ministry of Commerce, or do I have to obtain one from an Indian provider ?

    Thank you in anticipation for your valuable advice.

  2. Vemana Reddy says:

    while we are trying to fill the DIR-3 for NRI, the passport number format is not accepting because of foreign passport number is differ with indian passport number, so how can we file.
    Please let us know the solution.

    Thank You.

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