Incorporation of Company- Foreign Director--URGENT

[Raminder kaur]

Dear Members,

Greetings of the day!!

Please Help me with the following query:-

We have applied for registration of three Companies where Chinese national is director. He is residing in India for more than 250 days since last several years. He is having Bank account, PAN Card and DIN in India with Indian address. He is already director in four Companies and only resident director in some of them. 

But now when we applied for fresh Company registration, ROC has raised query as under :- 

“As per rule 13(5) of the Companies (Incorporation) Rules, 2014, Business visa of foreign susbcriber or foreign authorised representative should be attached or Overseas Citizen of India (OCI) or Person of Indian Origin (PIO) certificate should be attached with stamps of arrival in India.” Rule 13(5) of Companies (Incorporation) Rules, 2014 uses the words “Where subscriber to the memorandum is a foreign national residing outside India” However in our case, foreign subscriber is residing in India only and having address proofs

 This query was also not raised in earlier Companies. Now out of 3 Companies, we have resubmitted Form for one Company and pending submission for other two.

I shall be highly thankful to you.

Warm Regards

Raminder

[Jitendra Rathi]

Yes , Since nationality is other then India, So You have to submit copy of Business visa (If do not have OCI /PIO Certificate) for the proof that while signing the documents he was in india.

[Meetesh Shiroya]

Hi,

If he is Indian Resident only, then you need to provide the same detail. Like you can attached separate letter along with signature that, he is Indian resident since long. Also provide the details of his passport if possible.

Thanks & Regards,
CS Meetesh Shiroya

Whatsapp : 95865 47148

Blog : http://csmeetesh.blogspot.in/