WHO IS ELIGIBLE FOR REGISTER ONE PERSON COMPANY(OPC)?
As per section 2(62) of the Companies Act, 2013, “One Person Company” means company which has only one person as a member.
Rule 3 of the Companies (Incorporation) Rules 2014 says, only a natural person who is an Indian citizen whether resident in India or otherwise: –
(a) shall be eligible to register a One Person Company;
(b) shall be a nominee for the sole member of a One Person Company.
RESIGDENT IN INDIA – “Resident in India” means a person who has stayed in India for a period of not less than one hundred and twenty days (182 DAYS) during the immediately preceding financial year.
Rule 3(2) of the Companies (Incorporation) Rules 2014 provides that a natural person can be member of only one “One Person Company”, at any point of time and the said person shall not be a nominee of more than one “One Person Company”.
Where a natural person, being member in One Person Company in accordance with this rule becomes a member in another such Company by virtue of his being a nominee in that One Person Company, such person shall meet the eligibility criteria specified in rule 3(2) within a period of one hundred and eighty days (182 DAYS).
