Formalities of foreign director
This query is : Resolved
04 March 2008
Sir do update my knowledge with the formalities of a foreign director to be a director in Indian Company
04 March 2008
The appointment formalities under the companies Act are same as any director.
04 March 2008
Weather the documents for approval of DIN can be attested by the person practicing in India
04 March 2008
Where is he(director) signing?
04 March 2008
He is in India but i want to ask weather it is mandatory that the documents are to be attested by the person in the home country
04 March 2008
The purpose of notory signing is to assure that such and such person duly identified as such has signed before him. If the director is in his native country, then such signature should happen only in that country.
05 March 2008
Sir i am fully satisfied with your view and i have already dispached the documents to confirm us weather our opinion is same as MCA, I will be updating u with the outcome of the transaction
05 March 2008
OK, thank you
06 March 2008
But sir the DIN has been rejected by the MCA on the ground that the same has not been attested by the authorised person
06 March 2008
If the signature is notorised by an official of the Indian embassy in the country of the director, it will sail through.
06 March 2008
practice shows the dark face of the act, the officials themselves cannot interpret the act in the correct manner, in my view now they will only accept the din if it is attested by the notary of home country as it is written in the instruction given in the DIn application form and actully we dont even know before whom we can present our view or clerify our doubts.
22 March 2008
Mr vipul with respect to ur query as to ppointment of a foriegn director in an Indian company firstly the question arise as to whether that foriegn director is Indian citizens residing abroad; (ii) foreign nationals residing in India; and (iii) foreign nationals residing outside India in the following cases the certification of attached documents and the photograph may be done by a notary in the home country of the applicant or the Managing Director/ CEO of the Company on which he is a Director or the Company Secretary in full time employment of the Company. Further, in the case of a Foreign National, certified copy of the valid passport should be enclosed ,thus in my opinion the attesting has to be done in the home country of the foriegn director..by the aforesaid individuals ....however please do consult a specialist...and reply regarding any deviations from the here mentioned reply.
01 January 2011
Details of a valid passport should be filled in form DIN-1 and a certified copy of same should be attached with DIN application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant or by the Managing Director / CEO / Company Secretary of the company registered in India, in which applicant is a director.
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