Eligibility Criteria for the Nominee

• The nominee must be a natural person (not a company or legal entity).
  
• Must be an Indian citizen.
  
• Must be a resident in India, meaning they have stayed in India for at least 120 days during the preceding financial year.
  
• The nominee must not be a nominee in any other OPC at the same time.
  
• The nominee must also not be a member or owner of another OPC.
  

Consent from the Nominee

• A written consent must be obtained from the nominee before company incorporation.
  
• This consent is given through Form INC-3, as per the Companies Act requirements.
  
• The nominee must be made aware of their rights, responsibilities, and role.
  
• This document ensures the nominee agrees to take over the company in case of the member’s insolvency or incapacity.
  
• The form must be filed with the Registrar of Companies during the incorporation process.
  

Documentation Requirements

• Identity proof of the nominee, such as a PAN card or an Aadhaar card.
  
• Address proof, such as a recent utility bill or bank statement (not older than 2 months).
  
• A passport-size photograph of the nominee.
  
• Duly signed Form INC-3 (Nominee Consent Form) with supporting documents.
  
• The documents must be valid, clear, and uploaded electronically with the incorporation form.
  

Nominee’s Role and Responsibility

• The nominee is not involved in the management or operations during the lifetime of the original member.
  
• The nominee’s role is passive until triggered by incapacity, or disqualification of the original member.
  
• Once triggered, the nominee becomes the new sole member of the OPC automatically.
  
• The nominee may either accept the position or choose to withdraw from it with appropriate filings.
  
• The nominee may resign by submitting a written notice and allowing a new nominee to be appointed.
  

Change or Withdrawal of Nominee

• The original member can change the nominee at any time after incorporation.
  
• A new Form INC-4 must be filed with the Registrar for both withdrawal and new consent.
  
• The outgoing nominee must provide a declaration of withdrawal.
  
• The new nominee must submit a fresh Form INC-3 with the required documents and consent.
  
• The change must be recorded in company records and approved by the board, if applicable.