Nomination by the subscriber or member of an OPC ?


The following steps need to be taken in this connection as per rule 4 of the companies (incorporation) rules, 2014.

1. As the subscriber to the MOA of OPC you should get the written consent of the person who will be your nominee in the event of death or incapacity. The nomination should be made in Form No.INC-12 along with the consent of other person which should be in Form No.INC-3. These should be filed at the time of filing the application for company incorporation.

2. Person appointed as Nominee is entitled to withdraw his consent by giving notice to the One Person Company and to the subscriber to the MOA.

3. Upon receipt of such notice of withdrawal of nomination. The sole member can nominate another member within 15 days from the date of receipt of the notice of withdrawal.

4. The 30 days of receipt of withdrawal  of company should within nomination of consent file the notice of withdrawal to the ROC.

5. Where the One Person Company sole member ceases to be member of the company due to death or incapacity to contract. The nominee becomes the new member of the OPC. He should in turn nominate within 15 days a person who shall become a member of the One Person Company in case of his death or incapacity to contract.The company should file form No.INC-4.

6. In case of failure of One Person Company or any of the officers of the company to comply with the above requirements. The One person Company or the officer in default, He/She will be punishable with fine. It may expand to Rs.5,000 and also the fine which may extend to Rs.500 per day.

For One Person Company Registration in Coimbatore visit here

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