A foreign national can be nominated and appointed to the positions of Women Director, Independent Director, Small Director, Additional Director, Alternative and Nominee Director in Indian Companies by complying with the Companies Act, 2013.
A foreign national or an NRI shall make an application in online for obtaining DIN in electronic. He can process his application by e-filing Form DIR-3 to the Central Government along with fees of Rs.500 in MCA (Ministry of Corporate Affairs) website. The Central Government allots the DIN to the applicant within one month from the receipt of the application
The Form DIR-3 can be downloaded from the portal from the following link
http://www.mca.gov.in/mca/html/mcav2_en/home/mcaservice/efiling/companyformsdownload/companyformsdownload.html
The Form DIR-3 has to be filled and signed by the applicant using his/her own Digital Signature Certificate and shall be submitted electronically.
Soft Copy of the following documents are required along with the application:
A foreign national applying for DIN to become a director in an Indian company requires details and attested copy of a valid passport
The above documents are required to be certified by the Indian Embassy or apostilled by the notary in the home country of the applicant. As in the case of foreign national applying for DIN, a certified copy of his Form DIR-3 should be attached with application. All supporting documents including photograph should be certified by the Indian Embassy or a notary in the home country of the applicant.
As per the provisions of the ACT, the application can also be certified by the Key Managerial Person or a Company Secretary of the company registered in India, in which applicant is a director.
Any practicing professionals in India can exercise his powers to attest the documents if a foreign director has a valid multiple entry Indian visas or Person of Indian Origin card or Overseas Citizen of India card.
The Form DIR-3 shall be digitally verified by any Practicing Professionals and the Key Managerial Personnel of the company where the applicant is proposed to be a director. The term Practicing professionals are referred to chartered accountant in practice or a company secretary in practice or a cost accountant in practice
Immediately after submitting the DIN application online, a provisional DIN is generated automatically, and the DIN can be obtained after evaluation and approval by the concerned departments. The DIN so obtained by the applicant shall be valid till the lifetime of the applicant.
A Permanent Account Number (PAN) from the Indian Income Tax department is not compulsory required for a Foreign National or a Non-Resident India. However, it is advisable for foreign citizens investing in India to get PAN. The process to get PAN is very simple, and the following documents are required:-
Any of the followings can be submitted as Address proof