1. Legal Eligibility of Foreign Nationals

• Yes, a foreign national can be appointed as a director of a Section 8 company in India.
  
• The Companies Act, 2013, does not prohibit foreign nationals from holding directorships.
  
• They can serve in both executive and non-executive roles, including on the board of non-profit entities.
  
• Their appointment must comply with applicable laws and documentation standards.
  
• The same rules apply whether the company is private or public.
  

2. Director Identification Number (DIN) Requirement

• A foreign national must obtain a Director Identification Number (DIN) before appointment.
  
• This requires submission of identity and address proof, duly apostilled or notarized.
  
• DIN is applied through the SPICe+ form during incorporation or separately via DIR-3.
  
• Proper identification documents, such as a passport and utility bills, are required.
  
• DIN ensures legal traceability and recognition by the Ministry of Corporate Affairs.
  

3. Digital Signature Certificate (DSC)

• A valid Digital Signature Certificate (DSC) is mandatory for electronic filings.
  
• Foreign nationals must obtain a DSC from a licensed Certifying Authority in India.
  
• DSC is used to sign incorporation forms, returns, and other statutory filings.
  
• The process for foreign nationals includes additional verification steps.
  
• DSC must be renewed periodically as per regulatory norms.
  

4. Residency Requirement and Board Composition

• At least one director of the company must be an Indian resident, even if other directors are foreign nationals.
  
• An Indian resident is someone who has stayed in India for 182 days or more during the previous financial year.
  
• A foreign national cannot fulfill this requirement unless they meet the residency criteria.
  
• The presence of a resident director ensures regulatory accessibility and local governance.
  
• The foreign national can be appointed alongside the resident director.
  

5. Compliance and Documentation

• All foreign director documents must be properly authenticated (notarized/apostilled).
  
• The company must declare the appointment through statutory filings with the Registrar of Companies.
  
• Foreign directors are subject to the same compliance obligations as Indian directors.
  
• The duties and liabilities under the Companies Act legally bind them.
  
• Regular filings, board meeting attendance, and disclosures are expected as part of compliance.