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Appointment of Foreign Director
About Appointment of Foreign/Non-Resident Director
In India under companies Act 2013 barring no foreign
nationals to become directors in Indian companies. A foreigner or a
non-resident Indian can become an executive or a non-executive/independent
director of public or private Indian companies.
Every company is required to have certain numbers of directors in the company to constitute the Board as per the provisions of Companies Act, 2013. The criteria for numbers of Directors is differ for every type which is also prescribed in law. A private Limited Company shall be consist at least 2 number of director whereas a Public Limited and One Person Company shall consist at least 3 and 1 director respectively. Maximum 15 directors any Company shall have If Company wants to have more than 15 directors necessary approvals is required under the law.
Further, every Company should have one Resident Director (i.e a person who has lived at least 182 days in India in the previous calendar year)Director’s appointment is covered under section 152 of Companies Act, 2013, along with Rule 8 of the Companies (Appointment and Qualification of Directors) Rules, 2014.