ONE PERSON COMPANY NOMINEE QUERY

[pooja Shetty]

3 One Person Company

(1) Only a natural person who is an Indian citizen 3[whether resident in India or otherwise]

(a) shall be eligible to incorporate a One Person Company;

(b) shall be a nominee for the sole member of a One Person Company.

Hi All,

As per the above amendments, this means even a NRI can act as Nominee of OPC right? But when i download form INC-3 it says in the declaration that they have to be resident in india..

please clarify. I have to incorporate an OPC with Indian resident as Director/Member but the nominee is a Non-resident.. any idea whether allowed or not

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Thanks & Regards,

CS Pooja Shetty

8879700499

[Avneesh Malik]

please read it from above 
point 1(b): only one natural person who is an indian citizen ,shall be a nominee for the sole member of a One Person Company.

Regards
CMA AVNEESH MALIK

COST ACCOUNTANTS

Office Address-

72/1

GHER KHATTI

NEW MANDI

MUZAFFARNAGAR-251001

M: 9758102435

W : https://wa.me/919758102435

Also deal in: 

-INCORPORATION OF      :-Company/LLP/OPC

-OTHER COMPLIANCES OF :-  FEMA,Listing Agreement and SEBI Compliances,Labour law,TDS

-REGISTRATION OF :- Firm/Proprietorship,Import Export Code, GST,Trademark Registration,PF/ESIC registration.

-PAYROLL MANAGEMENT

-DRAFTING OF         :-Agreement /Vetting

-DIRECT TAXATION COMPLIANCE      :-Income tax

-INDIRECT TAXATION COMPLIANCE  :-GST Registration, GST Returns,Annual Returns.

-COSTING MATTERS                      :-Cost accounting,Cost Audits,Cost Systems

-LOANS  RELATING MATTERS     :One time settlement(OTS) For NPA cases,Bank Guarantees(BG),Personal Loans and  Business Loans,Housing Loans  for businessman/salaried at affordable rates assistance. 

-DIGITAL SIGNATURE CERTIFICATE    :- E MUDHRA  ,CAPRICORN,VSIGN ETC -For NRIs and Resident individual  both.

-Assistance in  INVESTMENT IN TAX SAVING INSTRUMENTS , i.e-80C/80D,80CCD(1)/(1b)/(2) as per client profile -Like insurance ,Mutual funds ,ELSS ,ULIPS ,Medical  insurance,NPS. 

- FSSAI Registration,Renewal,Central Licence/State Licence 

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[CS V Kartik]

As per Rule 3(1) of Companies Incorporation Rules 2014, only a natural person who is an Indian citizen and whether resident in India or otherwise shall be a member & nominee in OPC. So NRI's can't become a nominee in such cases 

Kartik

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[pooja Shetty]

Hi Avneesh, Kartik.

I have attached the rules as well. In my case the Nominee has a Pancard, Aadharcard and Indian Passport (Which means she is Indian Citizen) but due to her duration of stay out of India more than the prescribed days she is an NRI).

As per my reading of the provision it says the person has to be a natural person and Indian citizen ( Doesnt matter whether RESIDENT OR OTHERWISE) and hence even an NRI can be a nominee.

Indian citizen residing outside India for a combined total of at least 120 days in a financial year is considered to be an NRI as per the attached rules (Amended in April, 2021)

Please clarify. its bit urgent, Thanks in Advance.

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[CS V Kartik]

Yes Pooja, a NRI can become a nominee in OPC.

I stand corrected with reference to my previous mail. I just now recollected that the Hon'ble Finance Minister on her budget announcement in Feb 2021 had brought these changes.

So it will be allowed. 

Kartik

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[pooja Shetty]

Thanks Karthik,

Can you suggest what happens with INC-3 available on the MCA portal ( which Is still not updated)

How do i ask the NRI to sign a declaration available on the MCA portal INC-3 which says the nominee is RESIDENT INDIAN which is not updated.. will a clarification letter suffice in this regards?

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[CS V Kartik]

Yes according to me a clarification letter should suffice. Either you can file & see what happens or talk to the helpdesk as whether clarification letter is needed or not in such case ?

Kartik

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[CS Akshaya Kumar Pradhan]

On Wed, Jan 12, 2022, 8:22 PM Avneesh Malik <cmaavne...@gmail.com> wrote:

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