Thanks for your reply.
Can you also clear out whether we need to comply with Section 89 at the time of incorporation also while appointing a nominee.
As per my view, In your case, need to comply with Section 89 after Incorporation:
The company must make a note of such declaration in the register of members and shall file, within 30 days from the date of receipt of declaration by it, a return in form MGT-6 with the Registrar in respect of such declaration with such fees or additional fees as may be prescribed, within the time specified under section 403.
There are two compliances required on the part of the company which receives the declaration from the holder of the beneficial owner and registered member. First to make an entry in the register of members of the particulars contained in the declaration and second to file a return in the prescribed format with the Registrar
Secretarial action points
(i) Upon receipt of declaration of form MGT-4 from ostensible owner and MGT-5 from the beneficial owner of the shares, the company shall take note of the same;
(ii) Within thirty days of receipt of form MGT-4 and MGT-5 as stated above, file declaration in MGT-6 with the Registrar of Companies; and
(iii) Update statutory registers as applicable.
There is a private company where there were 2 directors. One of them died past month. Now left with one director. My question is whether we have to appoint the new director in the board meeting as additional director and in how many days we have to appoint the new director. As there is no provision about the death of director in the companies act, can you elaborate the process what has to be done for new appointment and resignation of director?
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It is not required to have foreigner nominee
you may appoint Indian nominee of Foreign Company.