CS DIVESH GOYAL Mob: +918130757966

Practicing Company Secretary csdiveshgoyal@gmail.com

GOYAL DIVESH& ASSOCIATES Knowledge Sharing Initiative

Editorial 808

Guidelines for Application of

DIN/ Directorship
To Person belong to Countries Sharing
Land Border with India
Date: 16.12.2022

SHORT SUMMARY:

In this editorial, author shall discuss the latest update made by Ministry of
Corporate Affairs (MCA) in respect to

• Application for DIN

• Application for Appointment of Director

For the person who belong to country sharing land border with India i.e. China,
Pakistan, Bhutan, Myanmar, Nepal and Bangladesh

These amendments have been made by :

i. Amendment has been made in Rule 8 and 10 Companies

(Appointment and Qualification of Directors) Rules, 2014.
ii. Amendment has been made in DIR-2 and DIR-3.
iii. Form 9 in Companies (Incorporation) Second Amendment Rules,
2022 has been substituted with new formats

A. Amendment I:
I. Application for DIN:
W.e.f. June 01, 2022 if any person want to get Director identification No. (DIN) in
India and belong to any country like China, Pakistan, Bhutan, Myanmar, Nepal
and Bangladesh then before to obtain DIN such person required to take PRIOR

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CS DIVESH GOYAL Mob: +918130757966
Practicing Company Secretary csdiveshgoyal@gmail.com
GOYAL DIVESH& ASSOCIATES Knowledge Sharing Initiative
APPROVAL from Ministry of Home Affairs and such clearance/ approval required
to attach in DIR-3.

1. How to Take approval from Ministry of Home Affairs:

A person have to submit application through below given link with MHA for
Security Clearance and obtaining DIN. https://esahajmcaservices.nic.in/

2. Whether a person can take approval from MHA after obtaining DIN but before
appointment as Director?
Security clearance approval from MHA is required to obtain before application for
DIN with ROC/ RD. Therefor, without approval from MHA DIN cant be apply.

B. Amendment II:
II. Appointment of Director:
W.e.f. June 01, 2022 if any person wants to appoint as Director in any Company
Incorporated in India belong to China, Pakistan, Bhutan, Myanmar, Afghanistan,
Nepal and Bangladesh these countries then before appointment such person
required to take PRIOR APPROVAL from Ministry of Home Affairs and such
clearance/ approval required to attach with DIR-2.

3. How to Take approval from Ministry of Home Affairs:

A person have to submit application through below given link with MHA for
Security Clearance for appointment as Director. https://esahajmcaservices.nic.in/

4. If Mr. Divesh is belong to country sharing land boarder with India. He is already
director in two Indian Companies. Now, he want to get appointment in one more
Company in India. Whether Such person required to take security clearance
approval from MHA?

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CS DIVESH GOYAL Mob: +918130757966
Practicing Company Secretary csdiveshgoyal@gmail.com
GOYAL DIVESH& ASSOCIATES Knowledge Sharing Initiative
Even a person is already director in Indian Company. But if he is accepting any
appointment in any other Indian company after this amendment. Then before
appointment he needs to take approval from the MHA.

5. If A person belong to country sharing land border of India. He is already director

in Indian Company. Whether after this amendment he required approval of MHA
to continue as Director.
As per the amendment Rules, one can opine that a person who is already serving as
director in Indian Company can continue his tenure as director as per the agreement
without any approval from the MHA.

Note:
*New Disclosures has been added in DIR-2 and DIR-3 w.e.f. 01st June 2022.

Author – CS Divesh Goyal, GOYAL DIVESH & ASSOCIATES Company Secretary in

Practice from Delhi and can be contacted at csdiveshgoyal@gmail.com).
Disclaimer: The entire contents of this document have been prepared based on relevant
provisions and as per the information existing at the time of the preparation. Although
care has been taken to ensure the accuracy, completeness, and reliability of the
information provided, I assume no responsibility, therefore. Users of this information
are expected to refer to the relevant existing provisions of applicable Laws. The user of
the information agrees that the information is not professional advice and is subject to
change without notice. I assume no responsibility for the consequences of the use of
such information.
IN NO EVENT SHALL I SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL OR INCIDENTAL DAMAGE RESULTING FROM, ARISING OUT OF OR
IN CONNECTION WITH THE USE OF THE INFORMATION

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