The Ministry Of Corporate Affairs has recently amended the Companies (Appointment and Qualification of Directors Rules) and has emerged a new notification which comes into force from 1st June 2022, The notification hereby stated that if any individual who desires to get an appointment in Indian Companies and that individual belongs to a particular nation which is sharing the land border of India, then the individual has to take security clearance certificate from Ministry of Home Affairs to act as a director.
FORMAT OF DIR-2
Form DIR-2
Consent to act as a director of a company
[Pursuant to section 152(5) and rule 8 of Companies (Appointmentand Qualification of Directors) Rules, 2014]
To
Name of the company
Subject: Consent to act as a Director
I, (Name), hereby give my consent to act as Director of (Name of the company) pursuant to sub-section (5) of section 152 of the Companies Act, 2013 and certify that I am not disqualified to become a director under the Companies Act, 2013.
- Director Identification Number (DIN):
- Name (in full):
- Father’s Name (in full):
- Permanent Address:
- E-mail id:
- Mobile no.:
- PAN No.:
- Occupation:
- Date of birth:
- Nationality:
- No. of companies in which I am already a Director and out of such companies the names of the companies in which I am a Managing Director, Chief Executive Officer, Whole time Director, Secretary, Chief Financial Officer, and Manager.
| Sl. No. | Name of the Company | Designation |
- Particulars of membership No. and Certificate of practice No. if the applicant is a member of any professional Institute. Specifically state NIL if none. NIL
Declaration
- I declare that I have not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law in the last five years. I further declare that if appointed my total Directorship in all the companies shall not exceed the prescribed number of companies in which a person can be appointed as a Director.
- 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. ”
Signature:…………………
Designation: Director
Date:
Place:
Attachments:
- Proof of identity;
- Proof of residence;
- Security clearance Certificate
FORMAT OF INC-9
Affidavit
[Pursuant to section 7(1)(c) of the Companies Act, 2013 and rule 15 of the Companies (Incorporation) Rules, 2014]
Name of the proposed company: “Name of the company”.
I, Name, named as first director in the articles, of the above named proposed company, hereby solemnly declare and affirm that:
- I have not been convicted of any offence in connection with the promotion, formation or management of any company during the preceding five years; and
- I have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law during the preceding five years; and
- 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. ”
- All the documents filed with the Registrar for registration of the company contain information that is correct and complete and true to the best of my knowledge and belief.
Date: Signature:
Place:
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Posted by:
CS Neetu Saini
AKGVG & Associates