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.
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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The procedure for shifting the registered office of a company within the same Special Economic Zone (SEZ) area is as follows:
Conduct a Board Meeting: The Board of Directors of the company must convene a meeting to discuss and approve the proposal for shifting the registered office to a new address within the same SEZ area.
Pass a Special Resolution: A special resolution must be passed by the shareholders of the company in a general meeting to approve the proposed change of registered office.
File Form MGT-14: After passing the special resolution, the company must file Form MGT-14 within 30 days of passing the resolution with the Registrar of Companies (ROC) along with a copy of the special resolution and explanatory statement.
File Form INC-22: The company must file Form INC-22 within 30 days of shifting its registered office to a new address within the same SEZ area with the ROC, along with the following documents:
a. A copy of the special resolution passed by the shareholders authorizing the change of registered office.
b. Proof of ownership or lease/rent agreement of the new registered office address.
c. A copy of the utility bill or property tax receipt of the new registered office address.
d. NOC from the landlord of the registered office premises.
e. Any other documents required by the ROC.
Publish a Notice: The company must publish a notice in the local newspaper in the vernacular language and in English, stating the change of registered office address within 30 days of filing Form INC-22.
Update the Company's Records: The company must update its records, including letterheads, invoices, and other statutory documents, with the new registered office address.
It is important to note that since the SEZ area is located within the state, the company would need to comply with the state-specific compliances as well.