DIN and DSC for Foreign Nationals in India: Requirements, Documentation, and Process
A foreign national individual intending to be appointed as a director in an Indian company is required to obtain a Digital Signature Certificate (DSC) and a Director Identification Number (DIN) in accordance with the provisions of the Companies Act, 2013, and the regulatory framework prescribed by the Ministry of Corporate Affairs. In the absence of a valid DSC and DIN, a foreign individual cannot be legally appointed as a director, nor can their appointment be recorded or approved by the Registrar of Companies.
The individual must first obtain a DSC and then proceed to file the DIN allotment form (Form DIR-3) with the MCA. For foreign nationals, the process of obtaining DIN and DSC for foreign nationals in India involves additional documentation and compliance requirements, including notarisation and apostillation of identity and address proof, depending on the country of origin. These requirements are aimed at ensuring the authenticity and legal validity of the documents submitted. Along with the documents, individuals are also required to provide multiple mobile and email OTPs (One Time Passwords) and complete video KYC at the time of obtaining DSC and DIN.
What Is a Digital Signature Certificate and Why Is It Required for Foreign Nationals in India?
A Digital Signature Certificate (DSC) is an electronic signature issued by a licensed Certifying Authority that enables secure digital signing of documents and forms filed on the MCA portal. DIN and DSC for foreign nationals in India are mandatory compliance requirements; without a valid DSC, a foreign national cannot make any statutory filing under the Companies Act, 2013.
A foreign national is required to obtain a Class 3 DSC (Individual category) from a licensed Certifying Authority in India, such as eMudhra or Pentasign, to undertake filings under the Companies Act, 2013, on the MCA portal.
Documentation Required for Obtaining DSC of a Foreign National
- Passport as identity proof
- Driving Licence or any other document as address proof
- Passport-size photograph
- Email ID and mobile number (for OTP verification and communication)
Note: The Proof of Identity and Proof of Address must be:
- Translated into English (if originally in another language)
- Notarised
- Apostilled or consularised by the competent authority in accordance with international authentication requirements
Procedure for Obtaining DSC of a Foreign National
- Select a Certifying Authority (eMudhra, Pentasign)
- Fill the application form
- Upload notarised and apostilled identity and address proof
- Complete video verification
- Make payment of fees
- Verification and approval by the certifying authority
- Download of DSC in the USB Token
How Is the DSC Registered on the MCA V3 Portal for Foreign Nationals?
Once the DSC has been downloaded to the USB Token, the foreign national must create a Business User Account on the MCA V3 portal and register the DSC on that account. Without this registration, no forms can be submitted on the MCA portal even if a valid DSC has been obtained. This step is a critical part of obtaining DIN and DSC for foreign nationals in India.
Once the DSC has been successfully downloaded to the USB Token, the next and critical step is to create a Business User Account on the MCA V3 portal of the individual and register or associate the DSC on the respective account. The registration of DSC on the MCA V3 portal is important to enable e-filing of forms without any errors.
Without this registration, the individual will not be able to submit any forms on the MCA portal, even if a valid DSC has been obtained.
Procedure for Creating an Account and Registering DSC on the MCA V3 Portal
- Visit the MCA V3 portal and click on “Register.”
- Select Business User and sub-category based on the role of the individual
- Fill in the relevant details such as Name, DOB, DIN, Address, Mobile Number, and Email
- Verify with Mobile and Email OTP
- After the profile is created, navigate to the “Associate DSC” option
- Insert the Token into the system and register the DSC
What Is a Director Identification Number, and How Do Foreign Nationals Obtain It in India?
A Director Identification Number (DIN) is an 8-digit unique identification number allotted to an individual proposed to be appointed as a director of an Indian company. For foreign nationals, obtaining a DIN is done either through the SPICe+ Part B form at the time of incorporation or through Form DIR-3 for appointment in an existing company. DIN and DSC for foreign nationals in India must both be in place before the appointment can be legally recorded.
A DIN is obtained upon making an application in Form DIR-3 to the MCA pursuant to Sections 153 and 154 of the Companies Act, 2013. In respect of a new company, an application for allotment of DIN shall be made only through the SPICe+ Part B e-form at the time of incorporation of the company.
Any person intending to become a director in an existing company shall file Form DIR-3, and the same gets processed by the Central Government (Office of the Regional Director (Northern Region), Ministry of Corporate Affairs). As per the provisions of the Companies Act, 2013, no individual is permitted to act as a director without obtaining a valid DIN.
A foreign national may obtain a DIN either at the time of incorporation of a company through the SPICe+ Part B e-form or subsequently through the filing of Form DIR-3 in case of appointment in an existing company.
Documentation Required for Obtaining DIN of a Foreign National
- Passport as identity proof
- Driving Licence or any other document as address proof
- Passport-size photograph
- Email ID and mobile number (for OTP verification and communication)
- DSC of the person obtaining DIN
Note: The Proof of Identity and Proof of Address must be:
- Translated into English (if originally in another language)
- Notarised
- Apostilled or consularised by the competent authority in accordance with international authentication requirements
Procedure for Obtaining DIN of a Foreign National
- Visit the MCA V3 portal
- Navigate to and prepare Form DIR-3
- Upload attachments:
- Passport of the foreign national
- Driving Licence or any other document for address proof
- Photograph of the individual
- Verify with mobile and email OTP
- Certification of the form by any Practising Company Secretary, Practising Chartered Accountant, or Practising Cost Accountant
- DSC affixation of the individual obtaining DIN
- File Form with MCA and pay the requisite fees
- The DIN allotment letter will be sent to the registered email ID
What Are the Key Differences Between DSC and DIN for Foreign Nationals in India?
DSC is an electronic signature required for signing and filing forms on the MCA portal. DIN is a unique identification number required before any individual can legally act as a director. Both are mandatory, the DSC must be obtained first, followed by DIN. Together, DIN and DSC for foreign nationals in India form the foundational compliance requirement for directorship in any Indian company.
| Parameter | Digital Signature Certificate (DSC) | Director Identification Number (DIN) |
| Nature | Electronic signature for MCA filings | Unique 8-digit identification number |
| Governing Authority | Licensed Certifying Authority (eMudhra, Pentasign) | Ministry of Corporate Affairs (MCA) |
| Form / Application | Application with the Certifying Authority | Form DIR-3 or SPICe+ Part B |
| Who Processes It | Certifying Authority | Central Government (Regional Director, Northern Region) |
| Sequence | Must be obtained first | Obtained after DSC |
| Validity | Typically 1 to 3 years | Lifetime, subject to KYC compliance |
| Key Requirement | Class 3 DSC (Individual category) | One DIN per individual across all companies |
Conclusion
Obtaining DIN and DSC for foreign nationals in India is a fundamental and mandatory compliance requirement for any foreign national willing to be appointed as a director in an Indian company under the Companies Act, 2013. While the process is largely procedural in nature, it requires strict adherence to documentation standards and authentication requirements, such as notarisation and apostillation of passports and driving licences. From a practical point of view, proper planning, documentation, and coordination with professionals can significantly streamline both processes. All documents that are duly certified, translated where required, and aligned with MCA requirements minimise the risk of resubmissions and regulatory scrutiny.
A well-executed approach toward obtaining DIN and DSC for foreign nationals in India not only facilitates smooth onboarding of foreign directors but also ensures full regulatory compliance, thereby enabling the company to operate seamlessly within the Indian legal framework without avoidable delays or compliance risks. Connect with the team at CorporateLegit today for more details.
FAQ
1. What is the process for obtaining DIN and DSC for foreign nationals in India?
A foreign national must first obtain a Class 3 DSC (Individual category) from a licensed Certifying Authority such as eMudhra or Pentasign by submitting a notarised and apostilled passport and address proof, completing video verification, and paying the applicable fees. Once the DSC is downloaded in a USB Token, it must be registered on the MCA V3 portal by creating a Business User Account. After DSC registration, the DIN is obtained by filing Form DIR-3 on the MCA portal, certified by a Practising Company Secretary, Chartered Accountant, or Cost Accountant, with the DIN allotment letter issued to the registered email ID.
2. Are notarisation and apostille mandatory for DSC and DIN documents of foreign nationals?
Yes. For foreign nationals, the proof of identity (passport) and proof of address (driving licence or equivalent) must be notarised and apostilled or consularised by the competent authority in the applicant’s country. If the documents are in a language other than English, they must also be translated into English before submission. These requirements apply to both the DSC application with the Certifying Authority and the DIN application through Form DIR-3 on the MCA portal.
3. Can a foreign national obtain a DIN without a DSC?
No. The DSC must be obtained before the DIN application can be filed. Form DIR-3 requires affixation of the applicant’s DSC at the time of filing. Without a valid DSC registered on the MCA V3 portal, the form cannot be submitted. The DSC is therefore a prerequisite for obtaining DIN, making both mandatory steps sequential: DSC first, DIN second.
4. What is the difference between obtaining a DIN through SPICe+ and Form DIR-3?
For a new company being incorporated in India, the DIN is applied for through SPICe+ Part B at the time of filing the incorporation application. This route allows DIN allotment for up to three directors simultaneously. For appointment as a director in an existing company where the individual does not already hold a DIN, a separate Form DIR-3 must be filed with the MCA. The DIR-3 route is processed by the Office of the Regional Director (Northern Region) under the Ministry of Corporate Affairs.
5. Does the DIN obtained by a foreign national have any ongoing compliance requirement?Yes. Every individual holding a DIN, including foreign nationals, must file a DIN KYC (Form DIR-3 KYC or web-based DIR-3 KYC) with the MCA by September 30 every year to keep the DIN active. Failure to file the annual KYC results in the DIN being marked as deactivated, after which the individual cannot act as a director in any Indian company until the KYC is filed along with the applicable late fee.