DIR 3 KYC for Individuals ho are OCI card holders etc

[Ramaswami Mohan]

Dear Friends,

in respect of Director who is residing in India , having OCI Card and US Passport - who has to attest the attachment documents : should it be self attested or by Notary in India or overseas Notary ?

for such Individuals, should Practicing Professional also need to attest the documents in addition to Notary ?

pl share ur views.

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CS. R.  Mohan
Mobile: 9908814677

[Rajesh Kumar]

Dear Sir,

In my view it can be attested by professional after verifying original documents includes Visa and Indian address. Alternatively he can get it attested by US embassy.

Tomorrow there is webinar which will be addressed by MCA official along with ICSI team. please raise this question satisfactory reply.

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Thanks & Regards 

CS Rajesh Kumar
Company Secretary In Practice
Mobile-7299930310, 9380068080

[Ramaswami Mohan]

Thanks Mr Rajesh Kumar for ur response.

how do i join the webinar program tomorrow?  any link for this, please forward to me,

regards,

Mohan

On 31 July 2018 at 04:49, Rajesh Kumar <csraj...@gmail.com> wrote:

Dear Sir,

In my view it can be attested by professional after verifying original documents includes Visa and Indian address. Alternatively he can get it attested by US embassy.

Tomorrow there is webinar which will be addressed by MCA official along with ICSI team. please raise this question satisfactory reply.

On Tue, Jul 31, 2018 at 5:11 PM Ramaswami Mohan <hkr....@gmail.com> wrote:

Dear Friends,

in respect of Director who is residing in India , having OCI Card and US Passport - who has to attest the attachment documents : should it be self attested or by Notary in India or overseas Notary ?

for such Individuals, should Practicing Professional also need to attest the documents in addition to Notary ?

pl share ur views.

--

CS. R.  Mohan
Mobile: 9908814677

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Thanks & Regards 

CS Rajesh Kumar
Company Secretary In Practice
Mobile-7299930310, 9380068080

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[Deepak Singhal]

Please find the same

Dear Professional Colleagues

 

Subject: Webinar on DIR-3 KYC

The Institute of Company Secretaries of India (ICSI) is always on its toes to provide the professional fraternity, especially the members of the Institute, with the right acumen in terms of knowledge and train them adequately to deal with the ever changing legislative scenario.

Amongst its various endeavours, one which deals with knowledge enhancement is the ICSI Webinar Series. Developed majorly to provide insight into the Companies Act, 2013 and its dynamic structure, the series provides acquaintance to the members with not just the facts of the law but also discusses the issues facing them as well as the possible recourses available.

With the enactment of the Companies (Amendment) Act, 2017, the significance of this initiative has multiplied significantly. Furthermore, with the recent notification of the Companies (Appointment and Qualification of Directors) Fourth Amendment Rules, 2018 vide notification dated 5^th July, 2018 and the introduction of DIR-3 KYC thereunder, it becomes imperative that adequate knowledge repertoire is provided to the professionals to undertake their duties and responsibilities efficiently and effectively in this regard.

It is for this purpose that ICSI is scheduling a Webinar on DIR-3 KYC to be held on Wednesday, 1^st August, 2018 at 3.00 P.M. at ICSI House, 22, Institutional Area, New Delhi – 110 003.

The webinar would be addressed by CS Shashi Raj Dara, Joint Director, e-GOV, Ministry of Corporate Affairs, CS Bhasker Subramanian, Industry Principal, Infosys Limited, CS Ashish Garg & CS Vineet K. Chaudhary, Central Council Members, The ICSI,  shall provide the professionals an insight into the intent behind the enactment of the above legislation and the expectations from the professionals and corporates in this regard.

The webinar may be viewed at the link: https://dezd00medastx.cloudfront.net/belive/icsi/kyc/index.html

 

Regards

Dinesh Chandra Arora

Secretary, ICSI

Thanks & Regards
CS Deepak Singhal
Deepak Singhal & Associates
(Company Secretaries)

Office No.310, H block, Sushant Arcade, Sushant Lok Phase – 1,
Gurugram – 122 002 (Haryana) 

Landmark: Near at HUDA City Metro Station
 

Contact Details: 9992693555

    Please consider the environment before printing this e-mail 

[Ramaswami Mohan]

thanks Mr CS. Deepak Singhal for this update,

regards,

Mohan

[Deepak Singhal]

My pleasure Sir. We are also waiting for the tommorow webinar. 

[CS V Kartik]

Thanks I too have this similar query

[Kesavan]

So what is the inference after the webinar..

From what i may deduce,  MCA appears to be suggesting that these documents should be notarized by an overseas notary and should also be apostatized. 

The have stressed multiple times to follow Incorporation Rules, 2014 Rule - 16(n) during the webinar.

Solicit your  views, whether the above inference is correct.

Regards

Kesavan

[Ramaswami Mohan]

Mr. kesavan,

for Foreign Directors , yes documents should be notarized by an overseas notary and should also be apostatized. 

But where an NRI holds a Foreign Passport and OCI Card, and is a Resident in India, then he has to produce Aadhar Card and Pan Card with Local Mobile Number and email id - then in which case the support documents can be self attested by the individual, and further attested by Practicing Professional.

regards,

Mohan

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[Deepak Singhal]

Please clarify one thing. I am little bit confused

what is the procedure of Appostilization

1. If Foreign Director is in outside India

2. If foreign Director is in India

[Ramaswami Mohan]

if foreign director is outside India, then get the documents notarized where he is staying , outside India.

if he is in India, then is he a resident staying in India for more than 182 days ? pl check that ; then his documents can be notarized in India and also get the In and Out entries in his Visa Notarized and attach the same to DIR 3 KYC form as an optional attachment and as a proof that he is in India.

Hope I am right.

Others too, may pl share ur views.

regards,

Mohan

[Deepak Singhal]

As per me

if he in outside India, than he will do the appostilization in that department

but if he is in India, than he need to visit the embassy of that Country in India to get the documents appostile.

[CS V Kartik]

As per the Webinar & I also got it clarified from multiple professionals regarding this. If a foreign national holds OCI Card & if he’s residing in India & also able to provide residence proof through Utility bills, then in this case, his documents can be attested by a professional certifying the form & apostille is not mandatory in such cases.

It is only in cases (as said by Muthusamy Sir) that a foreign national, if he is residing abroad, then only his documents are required to be apostilled & notarised, if part of Hague Convention.

[Deepak Singhal]

Agreed 

but i want to know how appostilization works

as i saw one lady who is citizen of Paris but living in India and she provide us the appostiled copy of documents.

On Thu, Aug 2, 2018 at 8:52 PM, CS V Kartik <karv...@gmail.com> wrote:

As per the Webinar & I also got it clarified from multiple professionals regarding this. If a foreign national holds OCI Card & if he’s residing in India & also able to provide residence proof through Utility bills, then in this case, his documents can be attested by a professional certifying the form & apostille is not mandatory in such cases.

It is only in cases (as said by Muthusamy Sir) that a foreign national, if he is residing abroad, then only his documents are required to be apostilled & notarised, if part of Hague Convention.

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[CS V Kartik]

Apostille is not mandatory in this case, if she holds an OCI card & currently residing in India. If she has done it, it's fine..

[Deepak Singhal]

Good Morning,

Kartik ji this is what i want to know, the system how appostilization works, if you know please let me know the same.

On Sat, Aug 4, 2018 at 10:03 PM, CS V Kartik <karv...@gmail.com> wrote:

Apostille is not mandatory in this case, if she holds an OCI card & currently residing in India. If she has done it, it's fine..

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[ruchi sikka]

Apostilisation can also be done from foreign country's embassy in India. She might have got it done from there.

[Deepak Singhal]

ok, please correct me ruchi ji if i am wrong

if he in outside India, than he will do the appostilization in that department in that Foreign country

but if he is in India, than he need to visit the embassy of that Country in India to get the documents appostile.

[Ramaswami Mohan]

once these documents are notarized or apostatized , i suppose we professionals need not further attest these documents .

 

pl clarify / share your views.

 

regards,

[ruchi sikka]

In my view, yes

[CS V Kartik]

As far as our professional job is concerned, we have to attest the documents since the documents are certified by the concerned professional. Apostille is a compliance required by the applicant & our compliance is to verify the contents, attest & certify the form. This is what the form specifically says..