CORPORATE LAW UPDATE
3rd June 2022
Issue No. 06/22-23
AMENDMENT OF COMPANIES (APPOINTMENT AND QUALIFICATION OF DIRECTORS) RULES, 2014
Vide notification dated 1st June, 2022, the MCA has notified Companies (Appointment and Qualification of Directors) Amendment Rules, 2022 thereby amending Companies (Appointment and Qualification of Directors) Rules, 2014 (“Rules”) by inserting provisos in Rule 8 and Rule 10 (1) and revising Forms DIR-2 and DIR-3.
Pursuant to the amendment of Rule 8, if a person who is to be appointed as a director is a national of a country sharing land border of India, he/she shall be required to obtain security clearance from Ministry of Home Affairs. He/she shall also have to declare that such clearance is required and has been obtained and attached along with DIR-2.
Pursuant to the amendment of Rule 10 (1), if a person who is a national of a country sharing land border of India applies for a Director Identification Number, he/she shall be required to obtain security clearance from Ministry of Home Affairs. No application number shall be generated till he/she declares that such clearance is required and has been obtained and attached with DIR-3.
The notification and the format for the declaration can be accessed here.
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