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Recent amendments related to Directors appointment, Form DIR-2 & DIR-3

"Today's tour of article is all about the latest & recent amendments being done in the Companies Act,2013 vide Companies (Appointment and Qualification of"<br>TaxGuru is a platform that provides Updates On Amendments in Income Tax, Wealth Tax, Company Law, Service Tax, RBI, Custom Duty, Corporate Lawu00a0, Goods and Service Tax etc.<br>To know more visit https://taxguru.in/company-law/recent-amendments-related-directors-appointment-form-dir-2-dir-3.html

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Recent amendments related to Directors appointment, Form DIR-2 & DIR-3

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  1. RECENT AMENDMENTS RELATED TO DIRECTORSAPPOINTMENT,FORMDIR-2& DIR-3 https://taxguru.in/company-law/recent-amendments-related-directors-appointment-form-dir-2-dir-3.html Today’s tour of article is all about the latest & recent amendments being done in the Companies Act,2013 vide Companies(AppointmentandQualificationofDirectors)SecondAmendment,Rules,2022and Companies(Appointment and Qualificationof Directors) AmendmentRules, 2022. Amendmentdated10thJune2022:AmendmentinRule6ofCompanies(Appointmentand QualificationofDirectors)Rules,2014videCompanies(AppointmentandQualificationofDirectors) SecondAmendment, Rules, 2022 Amendmentis:thefollowingprovisoshallbeinserted: If the name of any individual has been removed from the databank under sub-rule (4) of Rule 6 of Companies (Appointment and Qualification of Directors) Rules, 2014, may apply for restoration of his/her name on the payment of fees of 1000/- Rs. (Rupees One Thousand Only) and the institute shall allow restoration of name, subjectto the following conditions, namely:– The name shall be shown in a separate restored category for a period of one year from the date of restoration within which, he/she shall be required to pass the online proficiency self-assessment test and thereafter his/her name shall be included in the databank maintained, only, if he/she passes the said online proficiency self-assessment test and in such case, the fees paid by him/her at the time of initial registration shallcontinue tobe valid forthe period forwhich the samewas initiallypaid; and (ii) If fails to pass the online proficiency self-assessment test within the period of one year from the date of restoration, the name shall be removed from the data bank, and he shall be required to apply afresh for inclusionof the name in thedatabank.”. Sub Rule (4) of Rule 6 of Companies (Appointment and Qualification of Directors) Rules, 2014 speaks that; Online proficiency self-assessment test conducted by the institute shall be passed by every Individual whose name is so included in the data bank within a period of two years from the date of inclusion of his nameinthedatabank,failingwhich, hisnameshallstandremovedfromthe databankoftheinstitute: Amendmentdated01stJune2022:AmendmentinRule8ofCompanies(Appointmentand QualificationofDirectors)Rules,2014videCompanies(AppointmentandQualificationofDirectors) AmendmentRules, 2022 Amendmentis:thefollowingprovisoshallbeinserted:

  2. “Providedfurtherthatincasethepersonseekingappointmentasadirectorisanationalofacountrywhich shareslandborderwithIndia,necessaryrequiredtoobtainsecurityclearancefromtheMinistryofHomeAffairs, Governmentof Indiaand shall alsobe mandatorily attachedalong with theconsent.” AmendmentintheRule10ofCompanies(AppointmentandQualificationofDirectors)Rules,2014 videCompanies (Appointmentand Qualificationof Directors)Amendment Rules,2022 Amendmentis:thefollowingprovisoshallbeinserted: “Provided that in case the person applying for Director Identification Number is a national of a country which shares land border with India, then he/she is mandatorily required to obtain the security clearance from the Ministry of Home Affairs, Government of India and attached the same along with application for Director IdentificationNumber, if not; DINshall not be allotted.” AmendmentintheAnnexureDIR-2videCompanies(AppointmentandQualificationofDirectors) AmendmentRules, 2022 In Form DIR-2(Consent to act as a director of a Company), under the heading Declaration, the declaration pursuant to the amendment in the Rule 8 of (Appointment and Qualification of Directors) Rules, 2014 shall be mandatorilygiven. AmendmentintheDIR-3videvideCompanies(AppointmentandQualificationofDirectors) AmendmentRules, 2022 In Form No. DIR-3(Application for the Allotment of DIN/DPIN), under the heading Verification, after serial number 3, the declaration pursuant to the amendment in the Rule 10 of (Appointment and Qualification of Directors)Rules, 2014 shall be mandatorilygiven. Disclaimer: This article is written merely for informational purposes, and it should not be taken as a piece oflegal advice.

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