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WHO IS ELIGIBLE FOR REGISTER OPC

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).