Checklist for appointing of a Foreign NRI director for private limited company:

Following steps to be followed for appointment of a foreign director in a private limited company in India:

1. Obtain DSC Certificate of Appointed person with following documents :

A. Proof of Identity:

Copy of Passport, Passport issued by the country of residence.

B. Proof of Address:

a. latest Mobile Bill or

b. Bank statement or

c. Electricity Bill

2. After obtaining DSC, apply for DIN Number is to be obtained with following documents :

A. Passport Size Photograph,

B. Proof of Identity:

Copy of Passport, Passport issued by the country of residence.

C. Proof of Address:

a. latest Mobile Bill or

b. Bank statement or

c. Electricity Bill

D. Copy of citizenship card (if any)

3. File form DIR-12 with MCA with following documents :

a. DIR-2: Consent to act as Director of the Company.

b. DIR-8 (Intimation by Director about his interest in other entities and Disqualification under section 164 of the Companies Act, 2013).

c. MBP- 1 (INC-32) is an attachment to Spice Form for incorporation of a new company. This has to be placed in the first Board meeting of a financial year.

d. Resolution passed by the Company for his/her appointment.

Please note that two sets of all these documents (a, b & c) should be notarized before the Notary (Public) of the country of origin and duly notarised/ apostilled in accordance with the Hague Apostille Convention, 1961.

All documents to be in English, if not then translation will be required which also will be duly notarized and apostilled.

INC - 9 to be downloaded, printed and signed by the Foreign NRI director and annexed to the SPICe+ (INC-32) application. If executed outside India, it has to be also notarised /apostilled in the foreign country.

The Writer is a Practicing Company Secretary with more than 30 years in project consultancy. He can be contacted for queries or assistance at the following address:

CS Joseph Sequeira B.Com, LL.B, FCS, MICA Practicing Company Secretary Delfina Apts, Opp. Rosary Church, Caranzalem, Panaji, Goa - 403004. Email : josephcf@yahoo.com Phone: +91 8380087153. Website: www.csjoseph.in

Disclaimer The information given in this document has been made as part of the Mentoring Series for Company Secretaries and on basis of the provisions of the Companies Act, 2013 & applicable Rules. The information in this blog is for general information purposes only and is not a legal advice or a legal opinion.