Rule-4:
Nomination by the Subscriber or Member of One Person Company.-
For the purposes of
first proviso to sub-section (1) of section
3 -
(1) The subscriber
to the memorandum of a One Person Company shall nominate a person, after
obtaining prior written consent of such person, who shall, in the event of
the subscriber’s death or his incapacity to contract, become the member of
that One Person Company.
(2) The name of the
person nominated under sub-rule (1) shall be mentioned in the memorandum of
One Person Company and 1[such
nomination in Form No.lNC-32 (SPICe) along with consent of such nominee
obtained in Form No.lNC-3] and
fee as provided in the Companies
(Registration offices and fees) Rules, 2014 shall
be filed with the Registrar at the time of incorporation of the company
along with its memorandum and articles.
(3) The person
nominated by the subscriber or member of a One Person Company may, withdraw
his consent by giving a notice in writing to such sole member and to the One
Person Company:
Provided that the
sole member shall nominate another person as nominee within fifteen days of
the receipt of the notice of withdrawal and shall send an intimation of such
nomination in writing to the Company, along with the written consent of such
other person so nominated in Form
No.INC.3.
(4) The company
shall within thirty days of receipt of the notice of withdrawal of consent
under sub-rule (3) file with the Registrar, a notice of such withdrawal of
consent and the intimation of the name of another person nominated by the
sole member in Form No INC.4 along with fee as provided in the Companies
(Registration offices and fees) Rules, 2014 and the written consent of
such another person so nominated in Form
No.INC.3.
(5) The subscriber
or member of a One Person Company may, by intimation in writing to the
company, change the name of the person nominated by him at any time for any
reason including in case of death or incapacity to contract of nominee and
nominate another person after obtaining the prior consent of such another
person in Form No INC.3:
Provided that the
company shall, on the receipt of such intimation, file with the Registrar, a
notice of such change in Form No INC.4 along with
fee as provided in the Companies (Registration offices and fees) Rules,
2014 and with the written consent of the new nominee in Form No.INC.3
within thirty days of receipt of intimation of the change.
(6) Where the sole
member of One Person Company ceases to be the member in the event of death
or incapacity to contract and his nominee becomes the member of such One
Person Company, such new member shall nominate within fifteen days of
becoming member, a person who shall in the event of his death or his
incapacity to contract become the member of such company, and the company
shall file with the Registrar an intimation of such cessation and nomination
in Form No INC.4 along with the fee as provided in
the Companies (Registration offices and fees) Rules, 2014 within
thirty days of the change in membership and with the prior written consent
of the person so nominated in Form No.INC.3.
Amendment
1.
Substituted
by Companies
(Incorporation) 5th Amendment Rules 2016 Dated 29th December 2016. (The
Amendment shall come into force w.e.f. 1st January,
2017)
in
rule 4, in sub-rule (2),
for
the words and figures ‘such nomination in Form No.lNC-2
along with consent of such nominee obtained in Form No-INC-3'
the
words and figures ‘such nomination in Form No.lNC-32 (SPICe) along with
consent of such nominee obtained in Form No.lNC-3’ shall be substituted.
Rule-
1[7A.
Penalty. -
If
a One Person Company or any officer of such company contravenes any of
the provisions of these rules, the One Person Company or any officer of
the such Company shall be punishable with fine which may extend to five
thousand rupees and with a further fine which may extend to five hundred
rupees for every day after the first offence during which such
contravention continues;]
Amendments
1. Inserted
by notification dated 1st may, 2015.