Role of Nominee in a one person company

Introduction

A nominee is a very important part of a one person company. In order to get a one person company registered, a sole director must designate a nominee for the respective company. As there is only one director of one person company, the nominated or designated will become the member of the company if there is a sudden death or incapacitation of the subscriber. The ministry of corporate affairs takes some companies and decides to file a nominee consent form based on the situation. This is done for the incorporation of one person company. 

Nominee in a one person company

The sole promoter in a company designates a nominee in the one person company to succeed in their place of the members if there is sudden death or incapacitation of the sole promoter. The nominee should not be a foreign resident. He has to be a citizen and resident of India and his age should be more than 18 years. If someone wants themselves to get nominated for the position of nominee, a PAN card Copy , copy of the address proof and copy of residence proof should be submitted along with any other requested documents. The proof should be less than 2 months old. The other address proof which can be acceptable are drivers license, candidate passport, aadhar card, ration card and voter ID card. The documents which can be submitted by the nominee as  residence proof are bank statements, recent electricity bills and telephone bills. 

Nominee Consent Form

When a one person company is incorporated or in the process of incorporation, a consent form of nominee or FORM INC – 3 must be filled and the same has to be uploaded on the MCA portal. He has to agree and make certain declarations which are to give consent. Giving consent is very important. The nominee should sign and give his consent to become a member of one person company. This will happen in the case of the member’s death or when he is incapacitate to contract. The nominee being the citizen and resident of India. The nominee should not have any case Records and criminal records and should not be convicted of any offence. This should be in connection with promotion, formation and management of a company. He or she should not be found guilty of any offence or fraud or breach of duty and trust to any company under the Companies Act. It can also vary according to the previous company laws or LLP in the last 5 years. Also, that particular person should not be a nominee of any other one person company while applying. The eligibility criteria for being the nominee of one person company has to be complied with and all the queries should be met. The person applying for the post of nominee should understand that anyone can withdraw the nomination without his or her consent. 

Filling nominee consent form

There are some steps which should be followed properly to file the nominee consent form: 

Step 1: The form INC- 3 should be downloaded

The form INC – 3 has to be downloaded by the person from the MCA portal or website. 

Step 2: The form INC- 3 has to be completed in pdf format

All the information which is requested in the INC-3 FORM has to be filled up and completed electronically using Adobe Acrobat.

Step 3: One the form INC- 3 is filled, there are some other important documents which have to attached: 

  • Copy of PAN card
  • Address proof
  • Residence proof

All the self attested copies of the documents must be attached with the INC -3 form using Adobe Acrobat

Step 4: Now the complete INC-3 form is printed

Once all the details and information is filled and all the required documents get attached, the INC-3 form must be printed and total pages would be 3. 

Step 5: Now the INC-3 form should be uploaded on the MCA portal including other incorporation documents. 

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