Section 2(34) of the Companies Act 2013, explains the terminology Director as a director appointed to the Board of a company. The provisions of the Companies Act, 2013 read with Companies (Appointment and Qualification of Directors) Rules, 2014 and Foreign Exchange Management Act, 1999 does not bar a Non-Resident Indian from being appointed in Indian Companies as a director subject to the adherence of the relevant provisions of the aforesaid Acts and rules. A Non-Resident Indian can be appointed to the positions of Women Director, Independent Director, Small Shareholders Director, Additional Director, Alternative and Nominee Director, Whole Time Director or Managing Director in Indian Companies in accordance with the provisions of Companies Act, 2013. Moreover, just like any other director, a Non-Resident Indian who is appointed as a director in an Indian company will be entitled for the same compensation, sitting fees, travel expenses and commission.
Note: If a foreign director has a valid multiple-entry Indian visa or Person of Indian Origin card or Overseas Citizen of India card, then the attestation could also be done by Public Notary/ Gazette Officer in India.