Startup Scratch (Startup Solution Hub) > Startup Research > Why Director Identification Number of Foreign Nationals (Foreign Director) is Necessary

Why Director Identification Number of Foreign Nationals (Foreign Director) is Necessary

 

What is Director Identification Number (DIN)?

It is a unique Identification Number allotted to an individual who is an existing director of a company or intends to be appointed as director of a company pursuant to section 153 & 154 of the Companies Act, 2013.

Who can file an application for allotment of DIN?

Every individual, intending to be appointed as a director of the company, can file an application for allotment of DIN.

What is the procedure of obtaining DIN?

DIN of Foreign Director Startup Scratch

Any person intending to apply for DIN shall have to make an application in eForm DIR-3 and should follow the following procedure:

  1. eForm DIR-3 has to follow the online e-Filing process.
  2. Attach the photograph and scanned copy of supporting documents i.e.
  • proof of identity, and
  • proof of residence as per the guidelines.
  1. Along with the supporting documents, Verification as per Form DIR-4 shall also be attached. This shall contain the Name, Father’s name, date of birth and text of declaration and physical signature of the applicant.
  2. The eForm shall have to be digitally signed and shall be uploaded on MCA21 portal.
  3. Upon upload, Pay the fees for eForm DIR-3.

Form DIR-3 is mandatorily to be signed by an Applicant and a practicing professional or secretary (who is a member of ICSI) in whole time employment or the Director of the existing company

  1. Processing of e Form DIR-3:

In case, DIR-3 gets certified by the professional (i.e. CS(in whole time practice)/ CA(in whole time practice)/ CWA (in whole time practice)/, the DIN will be approved by the system immediately online (in case it is not potential duplicate).

 

Whether income tax PAN is mandatory while applying for DIN / What things should be taken care of while filing form DIR-3

  • Income tax PAN is mandatory for Indian nationals (Income Tax PAN is mandatory in case of Indian applicants so the applicant details (name, father’s name, date of birth) should be as per the PAN details).
  • In case of foreign nationals, passport number is a mandatory requirement.

 

 

 

What are the additional information/ documents required in case of a Foreign National

  1. Details of a valid passport should be filled in form DIR-3 and
  2. A certified copy of same should be attached with DIN application.
  3. 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.

If a foreign director has:

  • a valid multiple-entry Indian visa or
  • Person of Indian Origin card or
  • Overseas Citizen of India card,

Then the attestation could also be done by Public Notary / Gazetted Officer in India or practicing CS / CA / CWA.

In case of a foreign national, the photograph, identity proof and address proof should be duly attested by the notary public/Indian embassy/ apostille authority in the home country of the applicant.

Every document of foreign country/ foreign national person has to be signed and stamped by Indian embassy of foreign country.

In case of Foreign National, getting an affidavit takes lots of procedural time. We found that MCA is liberal in this regard as they do not insist this affidavit on a Stamp Paper as long as the same is Notarised / Consularised.

 

What are the scanned documents required to be attached with eform DIR-3

  • High resolution photograph of the applicant
  • PAN is mandatory now. So copy of pan is mandatory for identity, name, father’s name and date of birth. Proof of father’s name is not required in the case of foreign nationals
  • Copy of passport is mandatory as an id proof in the case of foreign nationals.
  • Address proof which should not be older than 1 year from the filing of the eform.

 

What things should be taken care of with regard to supporting documents

Please ensure following before attaching supporting documents with DIN application:

  • Documents submitted are currently valid and not expired.
  • Documents issued by LIC may be enclosed as Date of Birth and Address proof.
  • Bank Statements, Utility Bills like telephone, electricity bill etc furnished as residence proof are in the applicant’s name only and not older than two months.
  • All supporting documents attached with form DIR-3 must be duly attested by an authorized person/ authority.
  • In case the director is illiterate, thumb impression should be certified from the concerned revenue authority (where the applicant resides) and then all the documents should be notarized or attested OR if applicant is not in a position to sign the application due to medical reasons and affixed thumb impression on the application then duly attested medical certificate from Government hospital is must with the application stating the reason of his / her ailment.

 

Simple Steps to Acquire DIN:

Step 1 – To make Application for DSC

Form 2 (Physical Form) to be filled with the documents specifies in the List

List of Documents :

  1. Copy of Passport
  2. Address Proof

Documents to be appostile by:

  1. Foreign public notary
  2. Consulate of the Indian Embasssy
  3. CEO/Managing Director/CS in whole time employment of the Indian Company in which he proposed to be appointed.

Step 2 – After obtaining DSC, File an Application for DIN

E-form DIR-3 to be filled with the following documents:

List of Documents:

  1. ID proof
  2. Address Proof

Documents to be appostile by:

  1. Foreign public notary
  2. Consulate of the Indian Embasssy
  3. CEO/Managing Director/CS in whole time employment of the Indian Company in which he proposed to be appointed.
DIN of Foreign Director Startup Scratch

Documents Required for Foreign National

Sr. No.Documents RequiredDescription of DocumentsForeign National
1PANPAN is mandatory to obtain new DIN for all Indian Nationals. It is not mandatory for foreign national.
 
Not Mandatory
2.PassportPassport is a mandatory requirement for proof of identity. Certified copy of the passport should be attached.
 
Mandatory
3.Address ProofAddress proof should not be older than 1 year from the date of filing of the eForm.
 
Mandatory
4Proof of Father’s NameProof of father’s name is not required in the case of foreign nationals
 
Not required
5Current occupation and Educational QualificationCurrent occupation and Educational Qualification is required as per new notification dated 24th Dec, 2012. No documentary proof required.
 
Required
6PIN CodeIn case, the country selected is other than India, and you do not have PIN Code, enter ‘NA’. In case of foreign nationals, state can be mentioned in address/ city.
 
Enter “NA”
7Holding proofs in other language than Hindi/EnglishIn case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from professional translator carrying his details (name, signature, address) and seal. 
In the case of foreign nationals, translation done by the notary of home country is also acceptable.
 
Required in case proofs are in other language than Hindi/English.
8Attestation of Supporting documents in case director is residing outside IndiaIn case, the director is residing outside India, then the attached supporting documents like passport, etc should be attested by the following:
1.    Consulate of the Indian Embassy,
2.    Foreign public notary or
3.    Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.
 
Mandatory
9AffidavitAs per Ministry of Corporate Affairs (MCA) notification dated 24-12-2012, DIN application also requires one affidavit to be executed by the applicant confirming the particulars given in the DIN form as correct and also declaring that he / she is not a proclaimed offender and that he / she is not disqualified under various provisions the Companies Act to be appointed as the Director of the company.
 
 

 

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