One Person Company

In an OPC 2 directors are required. Can the member and nominee be the directors?
Replies (3)
Quick Summary
This discussion clarifies the rules surrounding One Person Companies (OPCs) under the Companies Act, 2013. It confirms that an OPC requires only one director, and the member and nominee can indeed hold director positions. However, the member and nominee must be distinct individuals. While a person can be a member of one OPC and a nominee of another, they cannot simultaneously be the member of more than one OPC. If a nominee becomes a member of a second OPC (e.g., due to the original member's incapacity), they must resign from one within 180 days to avoid non-compliance.

As per section 149(1) which clearly states about the minimum number of director in a company For public Co - 3 For PVT CO. - 2 For opc(pvt) co-1 So in OPC company only 1 director is there no contravention of law under companies Act, 2013 For the member and nominee be a directors read with section 3 and rule 3 of companies Incorporation rules 2014 Now the answer for the another part of the query is that member and nominee shall be two different person and that nominee of (example - company pk) can not a member of the another company(example - hk Co.) and member of that pk Co. Can not a nominee of hk Co.. Like cross holding there is no restrictions for the member to be a director of the Company even nominee may be hold position as director of the Company. This is based on my understanding of provisions of the Companies Act, 2013
A member of one OPC can be a nominee of another OPC and vise versa
Yes it is allowed but subject to further compliance of incorporation rules 3(2) & 3(3). That means at a point of time single person can not be a member of more than one OPC company. Suppose company LK (OPC) member name eklavya he is a nominee of another company BK (OPC) by virtue of nominee when the member of second OPC company (BK) died or incapable to continue as member of that company now that nominee eklavya (he is already member of another OPC called LK). NOW he (eklavya) has become member of two OPC company which is not allowed as per rule 3(2 & 3) of incorporation rules. So corrective measure to avoid noncompliance is that such person (eklavya) should take steps within 180 days and resign from one of the OPC company. Hope so this add more clarity.

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