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What are the eligibility criteria for forming an OPC?

Eligible Person

  • Only a natural person is allowed to form an OPC.
  • The person must be an individual, not a company or legal entity.
  • The individual must act as the sole member and shareholder.
  • Artificial persons such as firms, LLPs, or corporate bodies are not eligible.
  • The same individual can be both a member and a director, if desired.

Citizenship and Residency

  • The person forming an OPC must be an Indian citizen.
  • They must be a resident in India, which means staying in India for at least 120 days during the previous financial year.
  • Non-resident Indians (NRIs) are not eligible to form an OPC under the current rules.
  • Residency must be satisfied both at the time of incorporation and during the term of ownership.
  • The nominee must also meet the same citizenship and residency conditions.

Nominee Requirement

  • It is mandatory to appoint one nominee at the time of incorporation.
  • The nominee must be a natural person, an Indian citizen, and a resident of India.
  • The nominee gives written consent using Form INC-3 before incorporation.
  • The nominee will become a member in case of the insolvency or incapacity of the original member.
  • The nominee cannot be associated with more than one OPC at a time.

Number of OPCs per Individual

  • A person can form only one OPC at a time.
  • The same person cannot incorporate or be a nominee in more than one OPC simultaneously.
  • This restriction ensures that the OPC framework is used for genuine small-scale operations.
  • Holding multiple OPCs through different legal capacities is not permitted.
  • Violation of this rule can lead to legal disqualification and compliance penalties.

Business Purpose and Compliance

  • The OPC must have a lawful business objective under the Companies Act.
  • Certain activities are not permitted, such as Non-Banking Financial Investment (NBFI) or investing in securities.
  • The OPC must comply with basic legal and regulatory standards from incorporation onward.
  • It must have a registered office in India and meet the prescribed documentation.
  • The company must remain within limits for turnover and capital to continue as an OPC.

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