To register an OPC, a nominee must be designated by the sole director of the company. Because one person companies only have one director, the nominee would become the member of the company in case of the death or incapacitation of subscriber. According to the first provision to section 3(1) of the Companies Act 2013, at the time of incorporation of OPC, the sole member of OPC is needed to appoint another person as his/her nominee and his/her name will have to be featured in the Memorandum of Association(MoA) of the One Person Company.
Nominee of a OPC must be an Indian citizen & Indian resident over the age of 18 years. To be nominated as a nominee, the nominee needs to submit a copy of PAN card along with an address proof and residence proof which is less than two months old.
Documents like driving license, passport, aadhaar card, voter’s id and Ration card are acceptable as an address proof. Latest telephone and electricity bill or bank statement in the name of the nominee can be used as residence proof.
Who are Eligible to Become A Nominee Of An OPC?
According to the Rule 3(1) of the Companies (Incorporation) Rules 2014, only person who is an Indian Citizen & having residence India shall be a nominee for the OPC.
Who are Not Eligible to Become A Nominee In OPC?
- According to the Rule 3(4) of the Companies (Incorporation) Rules 2014), a minor cannot be a nominee in One Person Company
- Foreign Citizen
- Non-Resident
- A person incapacitated to contract
- Persons other than a Natural Person i.e. living human being
One Person Can Act as A Nominee in How Many OPCs?
A person can be a nominee of only 1 One Person Company (OPC).
Latest Update-
e-Form INC-4 is needed to be filed pursuant to Section 3(1) of the Companies Act, 2013 and Rule 4(4), (5), (6) of Companies(Incorporation) Rules, 2014 if a member of One Person Company wants to Change the Nominee by Filing prescribed form to Registrar of Companies on MCA website.
Further, Member of One Person Company is needed to nominate a person, after obtaining his/her prior written consent, who will become the member of such OPC if the company faces the death of the owner.
First Nominee is declared at the time of Incorporation through the form INC -3
If Nominee Itself Withdrawn His/Her Consent.
According to the Rule 4(4) of Companies (Incorporation) Rules, 2014, The nominee can withdraw their consent to be a nominee of OPC through giving a written notice to the member of OPC.
The nominated person shall give his/her written consent to be a nominee of company in e-Form INC-3 and it is to be filed within 30days of the notice of withdrawal.
If the sole Member of OPC Wants To Change The Nominee.
According to the Rule 4(5) of Companies (Incorporation) Rules, 2014, the Member of a One Person Company has right to change the nominee at any time by informing the OPC in writing. The sole member requires to obtain the prior consent of new nominee in e-Form INC-3.
E-Form INC-3 does not require DIN (Director Identification Number). PAN Card is mandatory. The OPC shall within 30 days of receipt of intimation file with the registrar, a notice of such change in e-Form INC-4 along with the prescribed fees as provided in the Companies (Registration offices and fees) Rules, 2014 and the documents.
Following Documents are Required in e-Form INC-4:
- Consent of new nominee in Form INC-3
- New Nominee- Copy of PAN Card of new nominee
- New nominee- Proof of identity
- New nominee- Residential proof