Alok incorporated a One Person Company making his sister Apeksha as the nominee. Apeksha is an Indian citizen. She was born and brought up in…

According to Rule 3 of the Companies (Incorporation) Rules, 2014, only a natural person, other than minor; who is an Indian citizen and whether resident in India or otherwise shall be eligible to incorporate a One Person Company. The memorandum of One Person Company shall also indicate the name of the natural person, other than minor; who is an Indian citizen, whether resident in India or otherwise (as nominee), along with his prior written consent, who shall, in the event of the subscriber's death or his incapacity to contract become the member of the company. As per the facts of the question, Apeksha as the earlier nominee is withdrawing her consent of nomination in the OPC of her brother Alok. Now, Alok is intending to appoint her son Shambhu as the nominee in his OPC. In the light of the provision of the Companies Act, 2013, it is clear that a minor cannot be appointed as a nominee/ member of OPC. Hence, Alok cannot appoint his son Shambhu as a nominee to his OPC.