Can a person be a member of more than one OPC?
No, As per the Companies Act 2013, a person can only be a member of one Person Company (OPC) at a time. A person cannot be a member of more than one OPC because the concept of one Person Company (OPC) is designed to provide an opportunity for small entrepreneurs and business owners who want to start a company with limited liability but do not have the resources to involve other people in the company.Concept of OPC in India
OPCs are a relatively new concept in India that provides a suitable option for entrepreneurs who want to start a business with limited liability and need more resources to involve others in the company. The concept of OPC was introduced in India in 2013 to provide an opportunity for small entrepreneurs and business owners who want to start a company with limited liability but need more resources to involve other people in the company. OPCs are suitable for those who want to start a business independently and do not want to take the risk of unlimited liability that comes with a sole proprietorship.- OPCs have several advantages, such as limited liability protection for the member, legal recognition as a separate entity from the member, and the ability to raise funds through equity or debt financing.
- OPCs have lower compliance requirements than other companies, making them a popular choice for small business owners.
Can a person be a member of more than one OPC?
The Companies Act 2013, which governs the formation and functioning of companies in India, clearly states that only a natural person who is an Indian citizen and a resident of India shall be eligible to incorporate an OPC. Section 3(2) of the Act also states that a person cannot incorporate more than one OPC or become a nominee of more than one such company. This means that a person can only be a member of one OPC at a time. Therefore, a person cannot be a member of more than one OPC simultaneously, as it is not legally permissible under the Companies Act 2013. For more details on who is eligible for OPC? Click hereThe reason a person cannot be a member of more than one OPC
This restriction prevents the misuse of the OPC structure, as having multiple OPCs with the same member can lead to confusion and potential fraud. By limiting the number of OPCs, the Companies Act ensures that the OPC structure is used for its intended purpose, which is to provide a suitable option for small business owners who want to start a business with limited liability and do not have the resources to involve other people in the company.About the Author
RENU SURESHRenu Suresh is a proficient writer with a knack for turning intricate legal concepts into clear, actionable advice. Her articles empower entrepreneurs by providing the knowledge they need to navigate the complexities of business laws, ensuring they can start and manage their businesses effectively.
Updated on: June 2nd, 2023
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