Procedure For appointment of director sharing land borders with india
Notification from Ministry of Corporate affairs:
Ministry of Corporate Affairs (MCA) vide Gazette Id no. CG-DL-E-01062022-236214 & F.No.1/22/2013-CL-V dated 01st June, 2022 has issued “the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022” further to amend the Companies (Appointment and Qualification of Directors) Rules, 2014, in exercise of the powers conferred under second proviso to Section 149(1), 149 (4), 149 (6) (f), Section 150 (3), Section 150 (4), Section 151, Section 152 (5), Section 153, Section 154, Section 157, Section 160, Section 168 (1) and section 170 read with section 469 of the Companies Act, 2013.
Applicability: 1. From the date of their publication in the Official Gazette i.e. 01.06.2022.
Key Highlights:
Detailed Guide to the Application Process Registration and Login: Applicants register on the Ministry of Corporate Affairs (MCA) portal with a valid email ID and phone number.
Access E-SAHAJ SEWA: Access the E-SAHAJ SEWA section within the MCA portal, where the security clearance application is available. The direct link to the portal is https://esahajmcaservices.nic.in/esecmca/
Complete the Application Form: Fill out the form accurately, highlighting citizenship and border-sharing country details. Upload necessary documents like passports and visas.
Application Submission: Review and apply through the portal. Keep a printed copy for reference and inform the Technical Support Team about any discrepancies.
Applicability: 1. From the date of their publication in the Official Gazette i.e. 01.06.2022.
Key Highlights:
- From the date of applicability of this circular, Security clearance is a pre-requisite for granting permission to individuals who are citizens of countries sharing land borders with India and intending to apply for issuance of Director Identification Number (DIN)/ appointment of Director in new/ existing Company.
- This requirement is in line with the Press Note 3 (2020 series) issues by Ministry of Commerce & Industry, Department for Promotion of Industry and Internal Trade, FDI Policy Section regarding “Review of Foreign Direct Investment (FDI) policy for curbing opportunistic takeovers/acquisitions of Indian companies due to the current COVID-19 pandemic”.
- Citizens of the Following Countries are affected.
China | Pakistan | Bhutan | Myanmar |
Afghanistan | Nepal | Bangladesh |
- No application number shall be generated in case of the person applying for Director Identification Number is a national of a country which shares land border with India, unless necessary security clearance from the Ministry of Home Affairs, Government of India has been attached along with application for Director Identification Number.”
- The directors are required to sign a declaration and verification as stated in the circular issues by the MCA ensuring that stated approvals are duly in place.
Detailed Guide to the Application Process Registration and Login: Applicants register on the Ministry of Corporate Affairs (MCA) portal with a valid email ID and phone number.
Access E-SAHAJ SEWA: Access the E-SAHAJ SEWA section within the MCA portal, where the security clearance application is available. The direct link to the portal is https://esahajmcaservices.nic.in/esecmca/
Complete the Application Form: Fill out the form accurately, highlighting citizenship and border-sharing country details. Upload necessary documents like passports and visas.
Application Submission: Review and apply through the portal. Keep a printed copy for reference and inform the Technical Support Team about any discrepancies.