MCA Circular: PAN requirement for Foreign National Directors in INC-7 dispensed with but Resident Directors would need PAN

F.No.1/12/2013 CL-V

Government of India

Ministry of Corporate Affairs

'A' Wing, 5 ^th Floor, Shastri Bhawan,
Dr. Rajendra Prasad Road, New Delhi-110001
Dated:  22nd May,2014

To

AII Regional Directors
All Registrar of Companies,
All Stakeholders.

Sub: Applicability of PAN requirement for Foreign Nationals.

Sir,

Attention of Ministry has been drawn to difficulties being faced by Foreign Nationals while filing Incorporation form (lNC-7) due to mandatory requirement of submission of PAN details of intending Directors at the time of filing the application for incorporation.

2. It is hereby clarified that PAN details are mandatory only for those foreign nationals who are required to possess "PAN" in terms of provisions of the IncomeTax Act, 1961 on the date of application for incorporation Where the intending Director who is a Foreign National is not required to compulsorily possess PAN, it will be sufficient for such a person to furnish his/her passport number,along with undertaking stating that provisions of mandatory applicability of PAN are not applicable to the person concerned. The form of Declaration is required to be made in the proforma enclosed.

3. This issues with the approval of Competent Authority.

Yours faithfully,

[KMS Narayanan]
Assistant Director
Tel: 23387263

                                                                                      Undertaking
I…………………(name)…………..,son of………………….(father’sname)……….citizen of…………….nationality……………….having passport No…………….(Passport Number]………………..declare as under:

(i)         That I am not required under the provisions of Income Tax Act, 1961 to obtain lncomeTax Permanent Account Number  
          [PAN];
(ii)         That in view of the above I have not been issued any PAN; and
(iii)        That I undertake to furnish to the Registrar of Companies (mention jurisdiction) details of my PAN as soon as a  Permanent
          Account Number is issued to me.

Date:                                                                                                                (Signature)