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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