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Jun 30, 2022

Amendment in Companies (Appointment and Qualification of Directors) Rules, 2014

The MCA has, by way of a Notification dated June 01, 2022, amended the Companies (Appointment and Qualification of Directors) Rules, 2014, which is effective from June 01, 2022. Pursuant to this amendment, Rules 8 and 10(1) have been amended to introduce an additional requirement (of obtaining security clearance from MHA, Government of India) for certain individuals proposed to be appointed as director of an Indian company, being those who are nationals of a country which shares land border with India. This has also been made applicable while an individual applies for a Director Identification Number (‘DIN’), which is a pre-requisite for being appointed as a director of an Indian company.

Consequential changes have also been made in the relevant forms (Forms DIR-2 (for consent to act as director) and DIR-3 (application for DIN)) to provide for a declaration that a person being appointed as a director /applying for a DIN is either not required to obtain security clearance from MHA, or if such security clearance is required, then a copy of such security clearance obtained should be attached with the form in question.

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These are the views and opinions of the author(s) and do not necessarily reflect the views of the Firm. This article is intended for general information only and does not constitute legal or other advice and you acknowledge that there is no relationship (implied, legal or fiduciary) between you and the author/AZB. AZB does not claim that the article's content or information is accurate, correct or complete, and disclaims all liability for any loss or damage caused through error or omission.

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