The Ministry of Corporate Affairs has introduced The Companies (Appointment and Qualification of Directors) Amendment Rules, 2022, effective from June 1, 2022. These amendments require individuals from countries sharing a land border with India to obtain security clearance from the Ministry of Home Affairs before being appointed as directors or applying for a Director Identification Number (DIN). This clearance must be submitted along with their consent to act as a director (Form DIR-2) or their DIN application (Form DIR-3).
The Ministry of Corporate Affairs (MCA) vide its notification dated June 01, 2022, has notified The Companies (Appointment and Qualification of Directors) Amendment Rules, 2022, and the said rules are applicable from immediate effect i.e. June 01, 2022.
The Amendments provides for the following
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FAQ :
The amendment rules came into effect immediately from June 01, 2022.
The main change requires individuals from countries sharing a land border with India to obtain security clearance from the Ministry of Home Affairs before appointment as a director or applying for a Director Identification Number (DIN).
The countries considered are China, Bangladesh, Pakistan, Bhutan, Nepal, Myanmar, and Afghanistan.
They need to provide their written consent to act as a director (Form DIR-2) along with the necessary security clearance from the Ministry of Home Affairs.
If a person applying for a DIN is a national of a country sharing a land border with India, no DIN will be allotted unless security clearance from the Ministry of Home Affairs is attached to the application.