Reg: REQUIRED DOC FOR NON RESIDENT SHARE HOLDER

[littlesparrow]

Heyy people...

Can anyone share me the checklist documents to be received from Non resident/ foreign invdl to be admitted as shareholder cum director of the company

Thanks in advance

[Gopi Kandle]

The individual is a foreign national, the validity of documents relies heavily on Legalisation (Apostille/Consularization).

Before receiving the documents, ensure the individual follows the correct attestation process based on their country of residence:

• Hague Convention Country (e.g., USA, UK, Australia, Germany): Documents must be notarized in their home country and then Apostilled by the competent authority there.
• Non-Hague Convention Country (e.g., UAE, China, Saudi Arabia): Documents must be notarized in their home country and then Consularized (Attested) by the Indian Embassy/High Commission in that country.
• Language: If any document is not in English, a Certified Translation from an official translator is mandatory.

 

Checklist for Appointment as Director

(To obtain DIN and file Form DIR-12)

You need the following from the individual to apply for the Director Identification Number (DIN) and Digital Signature Certificate (DSC).

Document / Information	Specifications & Notes
1. Passport (Mandatory)	• Copy of the passport (Bio-data pages). • Must be Apostilled/Consularized. • Use this as the primary proof of Identity & Nationality.
2. Proof of Address	• Bank Statement (showing name & address), OR • Utility Bill (Electricity, Telephone, Gas), OR • Driving License (if it contains the address). • Must be Apostilled/Consularized. • Date: Should strictly be not older than 2 months (for DSC) or 1 year (for DIN), but <2 months is safest for both.
3. Passport Size Photograph	• Soft copy (JPG). • Clear background, face clearly visible.
4. Personal Details Sheet	• Father’s Name (if not on Passport). • Educational Qualification. • Occupation. • Place of Birth. • Duration of stay at the current address. • Email ID and Mobile Number (for OTP verification).
5. Consent to Act (DIR-2)	• Form DIR-2 signed by the individual. • A copy of the Passport and Address proof should be attached to this consent. • Note: While a scanned copy works for filing, obtain the Original for company records.
6. Declaration (DIR-8)	• Declaration that they are not disqualified under Section 164(2). • Signed Original.
7. Disclosure of Interest (MBP-1)	• Disclosure of interest in other entities (if any) under Section 184(1). • Signed Original.

 

Checklist for Admission as Shareholder

(For Share Allotment/Transfer and FEMA Reporting)

If the individual is investing money (FDI) or buying shares, you need these additional documents to comply with RBI (FEMA) Regulations (Form FC-GPR/FC-TRS) and Companies Act (PAS-3).

Document / Information	Specifications & Notes
1. KYC from Foreign Bank	• A request to the investor to instruct their bank to send a SWIFT MT 799/999 (KYC report) to the Indian Company's AD Banker. • This is mandatory for the Indian Bank to issue the FIRC/KYC certificate required for RBI reporting.
2. Inward Remittance	• Ensure the funds are remitted from the individual’s own bank account abroad to the Company’s bank account. • Document to get: Remittance Advice / Wire Transfer Copy containing the "Purpose of Remittance" ("Subscription to Equity Shares").
3. Section 90 Declaration	• Form BEN-1 (Significant Beneficial Owner Declaration) if the individual holds significant control or indirect holding. • If they are the direct owner on record, this may not be needed, but assess based on holding structure.
4. Share Application Form	• Signed by the investor (requesting shares and authorizing the company to allot them).
5. PAN Undertaking	• If the foreign national does not have an Indian PAN, obtain a simple undertaking/declaration stating they do not possess a PAN (often required for generating 49A or for bank records).

 

Summary of Actionable Workflow

1. Drafting: You draft the DIR-2, DIR-8, MBP-1, and Share Application forms and email them to the individual.
2. Execution: The individual prints, signs, and scans these forms back to you. (Get originals couriered later).
3. Apostille: The individual takes their Original Passport and Original Address Proof, gets copies notarized and Apostilled in their country.
4. Courier: They must courier the Original Apostilled documents to India.

 

Yours Professionally 

Gopi Kandle

9440800580

Linkdin | www.corpsection.com 

CONFIDENTIALITY

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[littlesparrow]

Thankyou for your prompt reply sir..

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