MCA vide its notification dated June 01, 2022 amends the Companies (Appointment and Qualification of Directors) Rules, 2014, and called it the Companies (Appointment and Qualification of Directors) Amendment Rules, 2022, which mandated an individual who is a national of a country that shares a land border with India, to seek security clearance from the Ministry of Home Affairs, before making an application for Director Identification Number.
- In rule 8, after the proviso, the following proviso is inserted:
- “Provided further that in case the person seeking appointment is a national of a country which shares land border with India, necessary security clearance from the Ministry of Home Affairs, Government of India shall also be attached along with the consent”
- In rule 10, in sub-rule (1), the following proviso is inserted:
- “Provided that no application number shall be generated in case of the person applying for Director Identification Number is a national of a country which shares land border with India, unless necessary security clearance from the Ministry of Home Affairs, Government of India has been attached along with application for Director Identification Number.”
- In the Annexure,
- (A) In Form DIR-2, under the heading Declaration, the existing paragraph, shall be numbered as paragraph (i) thereof and after the paragraph (i) as so numbered, the following is inserted:
- “(ii) I further declare that – I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director ; or
- I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India before seeking appointment as director and the same has been obtained and is attached
- (B) In FORM NO. DIR-3, under the heading Verification, after serial number 3, the following serial number is inserted:
“3A. I am not required to obtain the security clearance from the Ministry of Home Affairs, Government of India under sub-rule (1) of rule 10 before applying for director identification number; or
I am required to obtain the security clearance from the Ministry of Home Affairs, Government of India under sub-rule (1) of rule 10 before applying for director identification number and the same has been obtained and is attached. ; and”