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How to make the nominee a director in OPC

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Geetanjali Dua

47 Points Posted on 30 June 2020

there is single director in an OPC who is in coma since past 6 months and the nominee is his wife. what is the procedure to make nominee (his wife) Director of that OPC. can we use the DSC of that sole director who is in coma or any other way out. please suggest.

Replies (4)

Quick Summary

This discussion addresses the procedure for appointing a nominee as a director in a One Person Company (OPC) when the sole director is in a coma. The advice suggests that the nominee (wife in this case) can be appointed as a director using the incapacitated director's DSC. It also clarifies that in case of death or incapacity of the sole member, the nominee becomes the member and must appoint a new nominee within 15 days, filing Form INC-4 with the ROC. A resolution detailing the circumstances is recommended before proceeding.

Chaitanya Udgirkar

43 Points Posted on 30 June 2020

Yes you can use his DSC to appoint anyone as a Director

ch.smruthi sree

finance manager

58 Points Posted on 30 June 2020

Firstly, if the director and subscriber is the same person then As per the act, in case of death or IN CAPACITY of the sole member of the OPC, nominee will become the member of the OPC.
So the new member now needs to appoint another nominee with in 15 days of becoming a member.
OPC shall file inc 4 to ROC.

you can use the dsc of the director. But plz pass a resolution mentioning all the events or things happened and then start the process.