The central government establishes the below rule as Companies Registration Rule
- Short title and instigation: – These rules are categorized under the company registration Rule, 2014. This rule came in the form on 1srt April 2014.
- Especially, the definition of this rule includes Act means the Companies Act, 2013.
- The annexure means annexure to this company rules.
- Particularly, the Form or e form means it is an electronic or non-electronic form as mentioned in the act under the Act specified by central government Act.
- Fees mean it is particular fee specified in the Companies Rule, 2014.
- In fact, the regional director appointed by the Central government in the ministry of corporate affairs as a Regional Director.
- In particular, the section of the Act defines the section.
Especially, the words and expression using in the Rule did not specify in the companies act, 2014may have the meaning correspondingly assigned to them in the Act and said rules.
One Person Company (OPC):
OPC means a natural person who is the resident or citizen in India.
- Can be the part to incorporate an OPC
- Can be the part as a nominee for the sole associate of an OPC.
Considering, a normal person cannot be a member of more than one OPC and the same one can’t afford as a nominee of more than one OPC.
When a natural person becomes the member of one Person Company in accordance with the rule become the member in another company by virtue of his being a nominee in the same OPC. Especially, such a person may meet the criteria in the subrule within 108 days.
In fact that, no person can be a member or nominee of OPC or can share with beneficial interest.
Such a company can’t able to incorporate into such type under section 8 of the company act.
Likewise, such a company cannot able to afford non- banking financial investment activities inc. Investment in securities of anybody corporate
Nomination by the subscriber of one Person Companies Registration Rule
The subscriber of the memorandum of one Person Company shall nominate a person after establishing the prior written consent of such person. The person must attend the mode of the subscriber’s death. The sub-rule (1) nominates any person who must be in the memorandum of one Person Company. At the time of incorporation consistent fee must have to generate with the registrar along with its memorandum and article of association.
The member of OPC can withdraw his applied consent by giving notice to the sole member. The company can withdraw the notice from 30 days of the filing with the registrar, the intimation copy and the withdrawal notice along with particular fee will file with the company.
Any member of the OPC in the time of intimation submission to the company can change the name of the person who nominated him at any case of death or incapacity to contract with the company after getting the consent properly from another person.