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DIN (Directors Identification Number) of a Foreign Director

December 22, 2016     by CS Samrish Bhanja

 

DIN of a Non Resident

DIN (Directors Identification Number) is a unique Identification Number allotted to an individual who is to be appointed as Director of a Company, upon making an application (in e-form DIR-3) pursuant to Section 153 and 154 of the Companies Act, 2013. DIN of the proposed Director is also a pre requisite for Company Incorporation in India.

When application is made for DIN of a Non Resident, some confusion always creeps in as to documents required and the mode of execution and authentication.

 

Few questions before we enlist the documents

Whether PAN is mandatory when applying for DIN of a Non Resident (NR)? As father’s name is mandatory for DIN, what if father’s name is not mentioned in the Passport? Do a NR need to provide any documentary proof for father’s name? What kind of documents acceptable towards address proof of a NR?

 

Documents required for DIN of a Non-Resident

We have summarised the requirements for DIN application (DIR-3) for a NR applicant.

1. PAN:PAN is a ten-digit unique alphanumeric number issued by the Income Tax Department.PAN is mandatory to obtain new DIN for all Indian Nationals. It is not mandatory for foreign nationals. However, the same shall be mandatory in case the Non Resident is required to have PAN under Income Tax Act / Rules (of India), for example where the NR is in India for employment, etc.

 

2. Identity proof: Passport is a mandatory requirement for proof of identity for Foreign National. Notarised and Apostilled copy of the passport should be attached. Details entered should match exactly with the details of identity proof.

If the Non-resident is proposed to be appointed in an existing company, the Company secretary in full time employment / CEO / Managing Director/Director of the Indian company may certify the document. In this case it shall not be required to get the document Notarised or Apostilled.

 

3. Address proof like passport, or utility bills like electricity bill, telephone bill should be in the name of the applicant only and should not be older than 1 year (2 months for residents) from the date of filing of the eForm. Even this document needs to be Notarised and Apostilled.

 

4. Proof of father’s name is not required in the case of foreign nationals/NRIs.It is mandatory to enter either father’s first name or father’s last name. In case of single name for applicant orsingle name for father’s name, a declaration needs to be given in form DIR-3A as an attachment in e-form DIR-3.

Refer to Rule 9(4) of the Companies (Appointment and Qualification of Directors) Rules, 2014, for the format of DIR-3A: Companies (Appointment and Qualification of Directors) Rules, 2014

 

5. In case, the country selected is other than India, and you do not have PIN Code, enter ‘NA’. In case of foreign nationals, state can be mentioned in address/ city.

 

6. In case of proofs which are in languages other than Hindi / English, the proofs should be translated in Hindi / English from certified translator carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable.

 

7. Applicant’s contact No., Email-ID, coloured passport size photograph, present address in India (if any).

 

8. Who will file DIR-3 on behalf of NR, do we have to get DSC (Digital Signature) of the NR?

E-form DIR-3 is required to be signed by the applicanti.e. the NR. Also, the application needs to be certified by either practicing professional or CS in whole time employment/ Director of the existing Company.

 

 

78 thoughts on “DIN (Directors Identification Number) of a Foreign Director

  1. What shall be the case for NRIs? Can they submit copy of PAN and address proof of a foreign country? If yes, whether self attested copies would serve the purpose or apostilled? Please share your views.

    1. Self-attested copies shall only serve the purpose when the documents are signed in India, provided that the person signing have a business visa. In case the documents are signed outside India they are required to be appostilled or notraised depending upon the country of residence.

  2. Nepalese citizen is doing job in India, no visa required to them at this point, but when they want to incorporate company in India then how to apply Business visa? MCA also require Arrival stamp on passport but there are no stamp on passport if you cross border via land.

    1. Having a business visa is not a mandatory requirement for incorporating a company in India. Instead what is necessary is having a valid DIN. Person of any nationality can apply for DIN on MCA portal in order to incorporate company in India.

      To apply for DIN by a foreign national residing in Native country such as Nepal which is not a signatory/party of Hague Convention will require proof of identity, address proof and photo on DSC application which should be notarized by the Public Notary of their own country and consularized by their own competent authority. Documents required are: Passport, DSC Application form with photo (all attested).

  3. Hello
    I am a US citizen OCI card holder and resident in India for over 20 years. I do not have a permanent address in the US.
    I am planning on starting a venture. How do I go about it esp. since I am foreign national with an Indian permanent address

    thanks
    naresh

  4. I want to incorporate a company after obtaining DIN. Sir is there any form substitute for DIR-3 since it is for an existing company.

  5. Sir, I am NY, USA resident. The local consulate said I need to have the documents appostiled at the NY Secretary of State’s office. Do I require the DIR-3 document? Can I e-file for my DIN? If not, do I send the scanned and hard copy docs to my CA in India for filing?
    I appreciate your reply.

    1. Application for obtaining DIN is made through an online form called DIR-3. However, the DIR-3 mandates that the Address and ID Proof of the individual applying for DIN be attached to it. Now these address and ID proof in case of a foreign national, need to be attested by the Consulate of the Indian Embassy, Foreign public notary. Scan copies of the said proof shall also suffice for the filing purposes.
      In case of a foreign national, Passport is sufficient as the ID Proof and passport, driving license, electricity bill and telephone bill shall suffice as the Address Proof. Please note that the address proof should not be older than 1 year from the date of filing of the form DIR-3.

  6. Is the requirement for documents to be Notarised and Apostilled copy or just Notarised is sufficient. Also, who should notarize? Do we need any attestation done by Indian embassy or Apostilled from FCO – Foreign Commonwealth office sufficient?

    1. In accoradnce to Rule 13(5)(b) of The Company (Incorporation) Rules 2014 if a country is part of the Commonwealth, all the signed documents shall be notarized by the notary of that particular company.

  7. Hi,
    We established a branch office of a foreign company (UK) in India in 2008 and have been in operation since. We have so far complied with all regulations we were asked to follow. Recently, we have been asked to provide DIN number to change some of our details in IEC portal. We could similar requirement in GST portal as well. As we are a branch office of a foreign company, could you shed some lights on this requirement please?

    Regards

    1. As per Companies Act, 2013, there is no requirement for Authorised Representatives of foreign company having branch in India to have DIN. They only require a valid PAN. We suggest you to get in touch with the concerned authorities for further guidance on this issue.

  8. Dear Sir,
    For foreign director apostile hard copy is required for incorporation or e apostile is enough means in electronic apostile copy is enough

  9. For PIO/OCI who are not Indian citizens, but are permanently living in India, and have no address at all of any foreign country – for them, the DIN-3 form requires a permanent address of outside India. It does not allow to select “IN” as the country code for permanent address. do you know what should be done?

    1. While filing e-form DIR-3, if the citizenship of director is selected as‘Not an Indian Citizen’, it will not be possible to select “IN” as the country code in the field of permanent address .

  10. Sir, I’m a Chinese citizen and want to incorporate business with Indian partner. I want to know whether my passport should be apostilled by the Ministry of Foreign Affairs (China) and Indian Embassy or only the MFA? Thanks.

  11. Foreign resident who is on travel visa in India wanted to form a private Limited company in India with one Indian resident.
    Which type of visa foreign resident should have? (Travel/Business). Is there any such compulsion about type of visa ?

    1. A Tourist visa is granted for visiting India for recreation, site seeing, casual visit etc. No other activities are permissible under a tourist visa. For the purpose of starting a private limited company one should have a business visa.

  12. I’m from a private limited Company in India (Kolkata). My would be wife (a resident of Dhaka) will be a Director of the company after marriage. Please let me know what visa is required for a director in this case after marriage. And whether she can work as director in India and withdraw director’s remuneration.

    1. There is no special requirement as to visa to be a Director in an Indian company. She can be a Director and draw Directors’ Remuneration by complying with the Indian law as is applicable to any other Indian Director.

  13. 2 NRI (presently in singapore) wants to open a new pvt ltd company, & applying for DIN, they have PAN CARD , Passport every indian docs.
    Whether self attested document enough or need to get them attested??
    What docs are required, whose going to attest??
    Please reply

    1. In order to incorporate a private company Non Resident Indian require the following documents
      a. Passport in order to get DIN (if you are already holding din particular provided therein have been updated on the date of application and declaration in this regard in the application the proof of identity and residence need not to be attached)
      b. Resident proof such as bank statement ,telephone & mobile bill shall not be two month old.
      c. Proof of nationality.
      d. If the subscriber is already a director or promoter of company the particular relating to
      • Name of company,
      • Corporate identity number
      • Whether interested as director or promoter

      for further information please refer:
      DIN of Foreign Directors
      Subscription to MOA by Non Residents
      Appointment of Non-Resident/ Foreign Citizen/ Foreign National as a Director

  14. Hello, I want to view the DIN Application filed by one of the Director of other Company. Previously it was available to view under “Get DIN Application”. Whether under this new Act and new website is it available? If yes, please give a path.

  15. Whether Document should be Attested by Consulate of the Indian Embassy and Foreign Public Notary of the country both or any one can be done?? For DIN & DSC both

  16. Sir is affidavit copy in DIR 4 required for foreign national and we have bank statement copy in another language…so what can be done?

    Regards
    Ritika

    1. DIR-4 is not required to be filed any more as per amendment in the Companies (Appointment and qualification of Directors) Amendment Rules, 2014 dated 18th sep,2014. also any proof be it ID Proof or Address proof needs to be attested by the Consulate of the Indian embassy, foreign public notary.

  17. I am an Indian citizen having DIN. A British National is to be inducted as Director. Please explain the process for obtaining DIN ,(a) when the foreign National is not in his home country but in Nepal, (b) when he visits India.
    Regards,
    Gerry

    1. When the foreign national is not in his home country but in Nepal and when the foreign national visits India-:
      The process for obtaining DIN will be same in both the cases as applicable for Indian citizens with the following exceptions-
      I. Father’s name proof is not required in case of foreign nationals.
      II. Foreign nationals shall select the nationality as declared in the passport.
      III. Income tax PAN is not mandatory for foreign nationals. Instead, passport number is mandatory for them.
      IV. If in permanent residential address field, a country other than India is selected and you do not have the pin code then enter N.A. Moreover, state can be mentioned in address/city.
      V. Since the director is in Nepal, the attached supporting documents should be attested by the Consulate of the Indian Embassy, Foreign public notary. Supporting documents can also be attested by Company secretary in full time employment/CEO/Managing director of the Indian company in which he / she proposed to be a director.
      VI. Following attachments are required:
      • Passport
      • Address proof shall not be older than 1 year

       In case of proofs which are in languages other than Hindi/English, the proofs should be translated in Hindi/English from professional translator carrying his details (name, signature, address) and seal. In the case of foreign nationals, translation done by the notary of home country is also acceptable.

  18. Sir, if there is an NRI who wants to apply for DIN / DSC, what are the requirements of docs.
    I have managed to get some info but lacking clarity,
    Passport
    UID of the country of residence
    PAN
    Residence visa
    Bank statement, however the proposed director is a either / or holder in the account, and is not a primary / 1st name.
    Attestation requirements for the above documents.

  19. Hi One of Our client needs to start a company India. He basically from Israel but he settled permanently USA, he Had Israel Passport and USA Green card how to he needs to attest that docs for incorporation in India?

  20. I am Indian but my partner is Foreigner citizen ship . we need din for company registration but I want to know my foreign partner documents attested possible in India ????? My foreign partner have Indian PAN CARD .

    1. It is required that the documents(ID Proof and address proof) of the Foreign Directors should be notorized by Indian embassy in the country of their stay. Along with his PAN card, address proof (e.g passport having address) are required to be notarized.

  21. Dear sir,
    DIN is allotted to a foreign national ,but when iam checking the DIN status in MCA,it is not showing the details of director rather the reply is “this service is applicable to Indian natioanls”.so what to do.please advice.

  22. Hi all,

    What are the documents are necessary for applying DSC of NRI?
    Is possible to form Indian private LTD company with Indian director and NRI director?

    1. Documents required:
      • Application for DSC
      • PAN Card
      • Address proof notarized by Indian Embassy at the country where he resides.
      Note:-
      Passport is mandatory in case of foreign Nationals / NRI.
      Yes, Indian private limited company can be formed with Indian Director and an NRI director.

  23. Dear Friends,

    I need the complete process of Foreign Director DIN & DSC.

    Thanks & Regards;
    DEEPIKA TYAGI
    BANGALORE

    1. 1st step is for Digital Signature Certificate, a form 2 is to be filled with the following documents:
      1. Certified copy of the passport.
      2. Address proof
      Documentary evidence should be attested by;
      a. Consulate of the Indian Embassy
      b. Foreign public notary
      c. CEO/Managing Director/CS in whole time employment of the Indian Company in which he proposed to be appointed.

      Then, apply For DIN- for DIN Application an e-form is to be filled i.e. DIR-3 on the MCA portal with the following documents:
      3. ID Proof which must be apostile.
      4. Address Proof which is also apostile.
      5. Requirement of Digital Signature Certificate

  24. whether photo of NRi director also need to be apostille and secondly passport is sufficient proof of identity and residence or do we need other docs for proof of residence..

    1. Photo is not required to be apostile separately but the same get apostile with INC-10. Moreover as of 27.07.2016, the requirement of filing INC-10 has been done away with.
      You, need to attach any one of the four (Recent Telephone Bill, Mobile Bill, Bank statement, Electricity Bill) along with passport.

  25. IS IT MANDATORY FOR A FOREIGN NATIONAL WHO IS APPLYING FOR DIN TO SUBMIT THE FORM WITH MCA UNDER DIGITAL SIGNATURES, OFCOURSE HE DOESN’T HAVE DIGITAL SIGNATURES. HOW HE CAN APPLY FOR DIN THOUGH ALL OTHER DOCUMENT ARE WITH HIM.

    1. Before applying for a DIN, every Director is required to have a digital signature certificate. So you are advised primarily to get the DSC and then obtain the DIN of the foreign Director.

      1. Sir, to get DSC for NRI, we submitted documents attested by USA notary. But now documents are rejected as it is signed by black pen. what shall we do now..

  26. Passport of foreign national can be attested by Chartered accountant or public notary in india, for address and identity proof of DIN application

    1. Passport of Foreign national can be attested by following:-
      • Consulate of the Indian Embassy or
      • Company secretary in full time employment / CEO / Managing director of the Indian company in which he / she proposed to be a director.

  27. while filling DIn-3 form by a Citizen of indian but presently Non Resident of india, his present address shall be in india how it is possible ?

    1. You have to select No in point no.16 and have to fill his present residential address in point No.17 but have to select NA while selecting the state and then fill country code (For ex. US if he is a resident of United States).

    1. For application of DIN of NRI the following steps shall be followed:

      1. Form DIR-3 shall be filed.
      2. Form DIR-4 (declaration) shall be either apostilled or consularised by the Indian Embassy/consulate of the host nation. Purchase of affidavit or stamp paper is not required in this case.
      3. Passport would be required to be attached as proof of identity and residence. PAN is not mandatory.
      4. File form DIR-3 with the applicant’s own DSC.

  28. What will be process for obtaining DIN of an Indian national not residing in India.
    Whether process applicable for Indian national or foreign national needs to be followed. Pl guide.

    In my case a person is an Indian and residing in USA since 2010 and wants a DIN

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  35. I faced the same problem while applying for DIN of a foreign national. The notarization from the US Consulate was rejected but we were told by the MCA DIN Cell that if the foreign director is in India, an Indian notary can do the attestation as long as a notarized copy of a valid Indian visa is also submitted. Thanks for sharing the valuable piece of information.

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