Kamal, a Chartered Accountant started his e-commerce business by incorporating a One Person Company (the OPC) on 1 st October, 2023. He, being a…

(a) As per Rule 3 of the Companies (Incorporation) Rules,2014: Only a natural person who is an Indian citizen whether resident in India or otherwise (a) shall be eligible to incorporate a One Person Company; (b) shall be a nominee for the sole member of a One Person Company. Here, “resident in India” means a person who has stayed in India for a period of not less than one hundred and twenty days during the immediately preceding financial year. In the instant case, (i) Robert cannot be appointed as a nominee in the OPC by Kamal as his stay in the preceding F/Y2022-23 is only for61 days which is less than120 days. (ii) Dinkar can be appointed as a nominee in the OPC by Kamal as he is an Indian Citizen and non-resident in India. Alternative Answer as follows: As per Rule 3 of the Companies (Incorporation) Rules,2014: Only a natural person who is an Indian citizen whether resident in India or otherwise and has stayed in India for a period of not less than120 days during the immediately preceding financial year shall be eligible to incorporate a OPC;shall be a nominee for the sole member of a OPC. In the instant case, (i) Robert cannot be appointed as a nominee in the OPC by Kamal as his stay in the preceding F/Y2022-23 is only for61 days which is less than120 days. (ii) Dinkar cannot be appointed as a nominee in the OPC by Kamal as he has not stayed in the preceding F/Y2022-23 for a single day. Procedure for changing the nominee: The member of OPC may at any time change the name of nominee by giving notice to the company and the company shall intimate the same to the Registrar. Any such change in the name of the person shall not be deemed to be an alteration of the memorandum.