Questions

Can a non-resident Indian be a director of an Indian company?

Can a non-resident Indian be a director of an Indian company?

The company law in India does not bar foreign nationals from becoming directors in Indian companies. A foreigner or a non-resident Indian can become an executive or a non-executive/independent director of Indian companies whether public or private.

Can NRI be a director?

There are no restrictions in terms of citizenship or residency. Therefore, NRI or foreign nationals can be directors in an Indian Private Limited Company. But at least one of the directors in the board of directors must be a resident of India. An NRI or foreign director may be an executive or non-executive director.

Can NRI become director in OPC?

To form a One Person Company anywhere in India, the concerned director/member must be either an Indian citizen or a Resident in India. A minor, foreign national/citizen, or NRI are restricted from establishing an OPC in India.

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Can a foreign director be a whole time director?

The foreign national or a non-resident Indian can also be appointed as a Whole Time Director (“WTD”) or Managing Director (“MD”) subject to the compliance of rules given in Part 1 of Schedule V of the Companies Act, 2013 which defines the qualification for appointment of a Managing or Whole Time Director or a Manager …

How do you add a foreign director to a private limited company?

Written Consent to Registrar: The proposed Foreign National Director has to provide a written consent to act as director in Form DIR-2 and that to be filed with the Registrar within 30 days of his appointment. After this process only, he can act as a Director of the Company.

Can a foreign national incorporate a company in India?

The NRIs and foreign nationals can register a private limited company, public limited company or Limited Liability Partnership (LLP) in India. As per FEMA guidelines, FDI is not allowed for any other types of business like a proprietorship firm, partnership firm or one-person company.

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Can Indian company have only foreign directors?

The Board of a company can comprise Indian residents and foreign nationals. However, an Indian company must have at least one director who is an Indian citizen. The Board cannot contain only foreign directors. A foreign national can be appointed as an executive or an independent director in an Indian company.