The appointment of a director who is a resident or citizen of China to a company's board of directors typically involves several steps and considerations, depending on the jurisdiction and the specific company's requirements including DIN Clearance from MHA.
As per the Companies (Appointment and Qualification of Directors) Rules, 2014, individuals who are citizens of the aforementioned neighboring countries require approval from the Ministry of Home Affairs (MHA) before they can obtain a DIN and become directors in Indian companies.
china citizen resident director appointment
Does the login has to be created for foreign national??
Recent Amendment in Companies ( appointment and qualifications) Rules by ministry of corporate affairs.How to get security clearance by MHA ?
As per , Notification dated 01st June 2022
I have submitted a security clearance application on behalf of an individual through the portal.
However, the status still indicates that the application is 'submitted.' Is there a specific time limit for approval, and if not, where can I raise a complaint or seek assistance in this matter?
Is there an authority or physical location where I can visit with the required documents to expedite the approval process?
I the director is of Taiwanese origion, will it be mandatory for getting security clearance
Please confirm after filing of an Application how to track approval on https://esahajmcaservices.nic.in/
How to verify for Directors Disqualification under Sec 164(2), vacation under Sec 167
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Hi yes we can file the same as under section 248(1)(d) says that:
*248. (1) Where the Registrar has reasonable cause to believe that—
(a) a company has failed to commence its business within one year of its incorporation 1[or];
(b) 2[***]
(c) a company is not carrying on any business or operation for a period of two immediately preceding financial years and has not made any application within such period for obtaining the status of a dormant company under 3[section 455; or]
4[(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10A; or
(e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12.]
Amendments:
*Effective from 26.12.2016.
1. Inserted by the Companies (Amendment) Act, 2015, w.e.f. 29.05.2015[S.O. 1440(E) dated 29.05.2015].
2. Omitted by the Companies (Amendment) Act, 2015, w.e.f. 29.05.2015[S.O. 1440(E) dated 29.05.2015], the clause:
“(b) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay within a period of one hundred and eighty days from the date of incorporation of a company and a declaration under sub-section (1) of section 11 to this effect has not been filed within one hundred and eighty days of its incorporation; or”.
3. Substituted by the Companies (Amendment) Act, 2019, w.e.f. 02.11.2018, for the words “section 455,“.
4. Inserted by the Companies (Amendment) Act, 2019, w.e.f. 02.11.2018.