- ImmigrationHelp
- January 10, 2023
Many Non-Resident Indians (NRIs) have the ambition to take their business to the next level by making an investment in India. But often, they face a myriad of questions with regard to the rules and regulations surrounding NRI investments in India. One question that NRIs are often asking is – “Can NRIs become directors in Indian firms?” In this blog post, we will answer this question and talk more about NRI investments in India. We will discuss the requirements and restrictions placed on NRIs when it comes to becoming a director in an Indian firm, as well as the advantages and disadvantages associated with such investments.
By the end of this article, you should know whether or not you can become a director in an Indian firm.
NRIs are not allowed to be directors in certain types of companies in India. These include companies that are engaged in agriculture, real estate, or other sectors that the Indian government has deemed to be “strategic.” In order to become a director in an Indian company, an NRI must first obtain approval from the Reserve Bank of India (RBI).
In order to become a director in an Indian firm, NRIs will need to submit the following documentation:
The advantages of NRIs being directors of Indian firms are many and varied.
The procedure to appoint NRIs as directors of Indian companies is relatively simple.
First, the company must obtain approval from the Reserve Bank of India (RBI).
Second, the company must file a notice with the Registrar of Companies (ROC) specifying the appointment of the NRI director.
Third, the NRI director must file an affidavit with the ROC stating that they are not disqualified from holding such office under any law for the time being in force.
Finally, the company must file its board resolution appointing the NRI director with the ROC.
The Companies Act, 2013 (“Act”) and the Foreign Exchange Management Act, 1999 (“FEMA”) provide for certain rules and regulations for NRIs as directors of Indian companies.
As a Non-Resident Indian (NRI), you are allowed to serve as a director on the board of an Indian company. However, there are certain rules and regulations that you must follow in order to do so.
First and foremost, you must obtain prior approval from the Reserve Bank of India (RBI) before taking up any directorship in an Indian company. This is because NRIs are not allowed to hold more than 10% of the shares in an Indian company.
Secondly, you must comply with the Companies Act, 2013 which states that at least one-half of the directors on the board of an Indian company must be resident Indians. This means that if there are two NRIs on the board, there must be at least four resident Indians.
Finally, as an NRI director, you will be subject to all the laws and regulations of India just like any other director. This includes compliance with corporate governance requirements and disclosure of interests in different companies, among others.
NRI directors have become a major part of the Indian business scene. In fact, there are over 35% NRI directors in India today. The number is expected to rise to 50% by 2030.
But what are the requirements? What are the factors that make an NRI a good candidate for becoming a director? There are certain qualities that make up a successful executive, and these include:
In conclusion, it can be seen that NRIs are not yet a major factor in the Indian boardroom. However, with the increasing levels of education among NRI professionals, this may change in the future. It is also important to note that despite being a minority group, NRI directors can have an impact on the corporate governance of their firms by bringing a more international perspective and business acumen.