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    Foreign Director

    Posted By : Ruchi Negi / Published on : 10-Apr-2023 04:30 AM / View : 131 / Comment : 2

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    What are the additional documents required at the time of incorporation in case of foreign director?
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    • Hi Ruchi 

      No additional documents are required in case of foreign director, only the identity and address proof of the address situated outside country is required which must be attested and notarized.

      The attestation requirement depends on the country in which registered office (in case of body corporate as a subscriber) /residence of the overseas subscriber and / or director is situated. The documents are required to be attested are as follows:

      a) Proof of Residence in a country which is part of the Common Wealth, by a notarypublic of that country;

      b) Proof of Residence in a country which is party to the Hague Apostille Convention, 1961, attestation to be made by a notary public of the said country and duly apostilled in accordance withHagueConvention;or

      c) Proof of Residence in a country outside the Commonwealth, and which is not party to Hague Convention, authenticated by a Diplomatic or Consular Officer empowered in this behalf under Section 3 of the Diplomatic and Consular Officers (Oaths and Fees)Act, 1948 (40 of 1948)i.e. attested byPublicNotary and authenticated by Indian Embassy inthecountry of residence.

      Documents tobe notarised and apostilled:

      1. Proofof identity

      2. CoI ofthe foreign body corporate, if applicable

      3. MoA

      4. AoA

      5. Document executed outside India (Place of execution determines whether the said document is tobe notarised / apostilled / consularised)

      Hope this would help you!

      10-04-2023 / 04:45:19 AM
    • In case a company intends to appoint a foreign director, the following additional documents would be required at the time of incorporation:

      1. Identity Proof: The foreign director would need to provide a copy of their passport as a proof of their identity.

      2. Address Proof: The foreign director would need to provide a copy of any of the following documents as a proof of their address: a. Driving license b. Bank statement (not older than two months) c. Utility bill (not older than two months) d. Residence card or permit (if available)

      3. Notarized and Apostilled Documents: All the documents provided by the foreign director would need to be notarized by a notary public in their home country and then apostilled by the competent authority in their home country. The apostilled documents would need to be submitted to the Registrar of Companies (ROC) in India.

      4. Digital Signature Certificate (DSC): The foreign director would need to obtain a valid Digital Signature Certificate (DSC) issued by a certifying authority in India. The DSC would be required for filing the incorporation documents with the ROC.

      It is important to note that the process of incorporating a company with a foreign director may involve additional requirements and complexities compared to incorporating a company with only Indian directors.

      10-04-2023 / 10:29:04 AM
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