Process for Appointment of Foreign Director in Indian Company under Section 152 of Companies Act, 2013 mentioning the form to be filed with Ministry of Corporate Affairs (MCA)  and relevant attachments.

Appointment of Foreign Director(Section 152)
S.No. Form Particulars Attachments Relevant Section
1 SIFY FORM NRI/ Foreign National is required to obtain Digital Signatures. 1. Notarised and Apostilled copy of the passport, Driving Licence, electricity bill and telephone bill

2. Passport size photo (Recent)

3. Mobile no. & Email ID

2 1. Director Identification Number is mandatory for becoming director in company.

2. Government fees for DIN registration is Rs. 500/-

3.Certification From practicing professional is required.

DIR-3 Application for allotment of DIN 1.Passport Size Photograph

2. Identity Proof (* In case of foreign nationals, passport is a mandatory requirement for proof of identity  and that must be attested and Apostilled.

3. Address proofs like passport, driving license, electricity bill, telephone bill shall be attached and should be in the name of applicant only and address proof should not be older than 1 year from the date of filing of the eForm and should be attested and Apostilled.

4. Board resolution proposing his/her appointment as director in an existing company

Section 153 and 154
Notice Issue Issue notice calling board meeting within 7 days before holding board meeting by post, Electronic means and by hand delivery.

Shorter Notice: A meeting of Board of Directors can be called by shorter notice

Secretarial Standard-1
3 Hold Board meeting After receiving request letter from foreign national Individual to act as director, the board shall conduct a meeting for passing board resolution to appoint him as director of the company.
4 DIR-12 File form with ROC within 30 days from passing board resolution 1. Board Resolution

2. DIR-2 (Attested and apostilled)

3. DIR-8 (Attested and apostilled)

4. Proof of identity (Attested and apostilled)

5. Proof of residence (Attested and apostilled).

5 DIR-2 Consent in writing to act as Director Rule 8 of Companies (Appointment and Qualifications of Directors) Rules, 2014
6 DIR-8 Intimation by Director that he/ she is not disqualified u/s 164(2) of Companies Act, 2014 Section 164 read with Rule 14 of Companies (Appointment and Qualifications of Directors) Rules, 2014
Note1:- Now the person will be Additional Director till ensuing AGM of company. In AGM the company appoint him as director by filing Form DIR-12 to regularise him through ordinary resolution.

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February 2021