INC -4


One Person Company- Change in Member/Nominee

  • eForm INC-4 is required to be filed pursuant to Section 3(1) of the Companies Act, 2013 and Rule 4(4), (5), (6) of Companies(Incorporation) Rules, 2014.
  • Member of One Person Company is required to nominate a person, after obtaining his/her prior written consent, who will become the member of such OPC in the event of member’s death or incapacity to contract. This form is filed in case there is any change in the nominee of the OPC by personal withdrawal of consent by the nominee himself, or change in the nominee by the member, or in case of cessation of member due to various reasons.
  • User needs to select any one option as the purpose of filing the form. Based on this selection, serial number 4-9 will be displayed in the eForm.
  • In case “Notice of withdrawal of consent by the nominee of OPC” selected, then serial no 4, 7 and 8 will be required to be filled by the user.
  • In case “Intimation about change in the name of the nominee of OPC” selected, then serial no 5 and 8 will be required to be filled by the user.
  • In case “Intimation of cessation” selected, then serial no 6, 7, 8 and 9 will be required to be filled by the user.

Part A: Notice of withdrawal of consent by the nominee of OPC

System will populate the names of old nominee and member of OPC on the basis of CIN and user is required to mention the date of notice of withdrawal of consent of old nominee.

Part B: Intimation about change in nomination

  • System will populate the name of member, old nominee and of OPC on the basis of CIN.
  • User is required to enter full name of new nominee and date of intimation by member to OPC for change in nomination.

Part C: Intimation of Cessation of member

  • System will populate the name of member and OPC and user is required to enter date of cessation of member.
  • User needs to select who has become the sole member of the OPC.
  • Transferee can only be selected if change in ownership is selected as the reason of cessation and his/her nominee can be selected in case death or incapacity to contract as a reason of cessation.
  • In case of notice of withdrawal of consent by the nominee, name of the member shall be pre filled based on CIN and only member can be selected in the drop down.
  • In case of intimation of cessation of member, name of the member is required to be entered and only ‘new member’ can be selected in the drop down.
  • Enter the particulars of nominee and ensure that approved DIN, if allotted and valid PAN is mentioned.

Attachment:

  • Consent of the nominee in signed Form INC-3 along with all the enclosures. (Mandatory)
  • Certified copy of PAN card of the new nominee and/or new member. (Mandatory)
  • Proof of identity of the new nominee and/or new member. (Mandatory)
  • Residential proof of the new nominee and/or new member. (Mandatory)
  • It is mandatory to attach notice of withdrawal of consent in case withdrawal is by nominee.
  • It is mandatory to attach copy of intimation for change in nominee in case intimation about change in the name of the nominee.
  • It is mandatory to attach proof of cessation of member in case of intimation of cessation of member.

Fee (in case of company having share capital)

Nominal Share Capital Fee applicable
Less than 1,00,000 Rupees 200
1,00,000 to 4,99,999 Rupees 300
5,00,000 to 24,99,999 Rupees 400
25,00,000 to 99,99,999 Rupees 500
1,00,00,000 or more Rupees 600

Please note: I welcome your comments and feedback. This blog post is not a professional advice. Readers may share this post on social media by using buttons given here.

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One response to “INC -4

  1. Pingback: Index of Companies Law Posts | AishMGhrana

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