We have discussed earlier here, the subscriber to the memorandum of a One Person Company shall nominate a person as his nominee. The Prior written consent of nominee shall be obtained in Form INC – 3. The nomination shall be filed in Form INC – 2 along with the written consent obtained from the nominee. In case of any change in nominee, company will file Form INC – 3 within thirty days of intimation shall be filed by the company.
Without repeating all these details, we will here discuss forms INC – 3. This form is based on Section 3(1) of the Companies Act, 2013 and Rules 4 of the Companies (Incorporation) Rules 2014.
In this form nominee say:
“I, (Name of the nominee) hereby give my consent to become the member of (Name of the One Person Company), in the event of death of (Name of the sole member of the One Person Company) subscriber/member of the company or his incapacity to contract.”
This Form does not require a Director Identification Number but Permanent Account Number is compulsory.
This Form is also an example of Indian Biases against person with a single name or not using any surname. This is compulsory to have a surname in all these Forms issued by MCA without which is against constitutional mandate.
Interestingly this form asks for an Identify Proof along with a copy of PAN Card. Resident proof is also required to be enclosed.
This is a non e-Form. This is required to fill the form electronically and print the form after filling all relevant fields. The Nominee shall sigh printed copy of the Form INC – 3. The form should be attached with e-Form INC.2, INC.4 or INC.6, as the case may be.
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