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Last updated: 2 October 2026
A national of a country that shares a land border with India needs security clearance from the Ministry of Home Affairs before being appointed as a director of an Indian company. Our team prepares the application and coordinates the DIN and appointment once clearance is granted.
From 1 June 2022, the rules on appointment of directors were amended. A person who is a national of a country sharing a land border with India must obtain security clearance from the Ministry of Home Affairs (MHA) before:
The director’s consent to act must include a copy of the security clearance. The requirement sits alongside the foreign investment rules under Press Note 3 (2020), which require government approval where an investor or beneficial owner is from a land-border country.
The clearance process involves the ministry’s review of the person and the proposed role, so it should be started early — before any board decision depends on the appointment.
Based on the Companies (Appointment and Qualification of Directors) Rules, 2014 as amended from 1 June 2022. Last updated: 27 September 2026.
Date the requirement took effect
Ministry that grants security clearance
Nationals of these countries need clearance
Cannot be issued without clearance
Consent must include the clearance
Separate approval route for investment
The clearance is often discovered late in the process.
The appointment is planned for a board meeting before clearance is in hand.
Missing background or company details slow the review.
Press Note 3 approval for the investment is not considered alongside.
Related director and foreign investment services.
Appointment and filings.
Director KYC.
Press Note 3 and routes.
Reporting foreign investment.
We confirm whether clearance is needed.
Director and company documents collected.
Security clearance application prepared and filed.
Queries answered during the review.
DIN applied for once clearance is granted.
Consents, resolutions and DIR-12 filed.
Complete the appointment and keep the records.
DIN issued on application.
DIR-2 with the clearance attached.
Appointment filed within 30 days.
Clearance kept with company records.
Share your query and our team will reply during business hours.
Nationals of countries sharing a land border with India.
From 1 June 2022.
No. The clearance is needed before a DIN application for such a person.
No. Press Note 3 covers investment; security clearance covers the appointment of directors. Both may apply.
It depends on the ministry’s review; start early so it does not hold up board decisions.
ACS – Director, Expertvuw Management Pvt Ltd
This work is handled by Expertvuw’s team, with filings made on the MCA portal. Certifications and audits required by law are issued by independent practising professionals engaged for your case.