The Companies (Appointment andQualification of Directors) Amendment Rules, 2022

MINISTRY OF CORPORATE AFFAIRS
NOTIFICATION
New Delhi, the 1st June, 2022

 

G.S.R. 410(E).—In exercise of the powers conferred under second proviso to sub-section (1),
sub-section (4), clause (f) of sub-section (6) of section 149, sub-sections (3) and (4) of section 150,
section 151, sub-section (5) of section 152, section 153, section 154, section 157, section 160,
sub-section (1) of section 168 and section 170 read with section 469 of the Companies Act, 2013 (18 of
2013), the Central Government hereby makes the following rules further to amend the Companies
(Appointment and Qualification of Directors) Rules, 2014, namely: –
1. Short title and commencement.- (1) These rules may be called the Companies (Appointment and
Qualification of Directors) Amendment Rules, 2022.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Companies (Appointment and Qualification of Directors) Rules, 2014, ―
(i) in rule 8, after the proviso, the following proviso shall be inserted, namely:-

[भाग II—खण् ड 3(i)] भारत का रािपत्र : असाधारण 3
“Provided further that in case the person seeking appointment is a national of a country which
shares land border with India, necessary security clearance from the Ministry of Home Affairs,
Government of India shall also be attached alongwith the consent.”;
(ii) in rule 10, in sub-rule (1), the following proviso shall be inserted, namely: –
“Provided that no application number shall be generated in case of the person applying for
Director Identification Number is a national of a country which shares land border with India,
unless necessary security clearance from the Ministry of Home Affairs, Government of India
has been attached alongwith application for Director Identification Number.”.
(iii) in the Annexure, –
(A) in Form DIR-2, under the heading Declaration, the existing paragraph, shall be numbered
as paragraph (i) thereof and after the paragraph (i) as so numbered, the following shall be
inserted, namely:-
“(ii) I further declare that –
I am not required to obtain the security clearance from the Ministry of Home Affairs,
Government of India before seeking appointment as director; or
I am required to obtain the security clearance from the Ministry of Home Affairs, Government
of India before seeking appointment as director and the same has been obtained and is
attached. ”;
(B) in FORM NO. DIR-3, under the heading Verification, after serial number 3, the following
serial number shall be inserted, namely:-
“3A. I am not required to obtain the security clearance from the Ministry of Home Affairs,
Government of India under sub-rule (1) of rule 10 before applying for director identification
number; or
I am required to obtain the security clearance from the Ministry of Home Affairs, Government of
India under sub-rule (1) of rule 10 before applying for director identification number and the same
has been obtained and is attached. ; and ”.


[F. No. 1/22/2013-CL-V]
MANOJ PANDEY, Jt. Secy.

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