Nominee Consent Form - One Person Company

To register a

one person company, a nominee must be designated by the sole director of the company. Since one person companies only have one director, the nominee would become the member of the company in case of the subscriber's death or incapacitation. The Ministry of Corporate Affairs now requires companies to file a nominee consent form for incorporation of a one person company. In this article, we look at nominee consent form in detail.

Nominee in a One Person Company

Nominee in a one person company is a person designated by the sole promoter of the company to succeed in his/her place, in the case of death or incapacitation of the sole promoter. Nominee of a one person company must mandatorily be an Indian citizen and Indian resident over the age of 18 years. To be nominated as a nominee, the nominee must submit a copy of PAN card along with an address proof and residence proof that is less than 2 months old. Documents like drivers license, passport, aadhaar card, voters id and ration card are acceptable address proof. Recent telephone bill, electricity bill or bank statement in the name of the nominee can be used as residence proof.

Nominee Consent Form

While incorporating a one person company, nominee consent form or Form INC-3 must be filed with the MCA. By filing Form INC-3, the nominee agrees or declares the following:

He/She gives consent to become the member of the company, in the event of death of subscriber/member of the company or his incapacity to contract.
He/She is an Indian citizen and resident in India.
He/She has not been convicted of any offence in connection with the promotion, formation or management of any company or LLP and have not been found guilty of any fraud or misfeasance or of any breach of duty to any company under this Act or any previous company law or LLP Act in the last five years.
He/She is not a nominee in any other One Person Company.
He/She would comply with the eligibility criteria for a nominee of a one person company.
He/She understands that the person nominating may withdraw my nomination without his/her consent.

Filing Nominee Consent Form

The following steps can be followed to file the nominee consent form:

Step 1: Download Form INC-3

Download the most recent Form INC-3 from the MCA website.

Step 2: Complete Form INC-3 on PDF

Electronically complete the information requested on Form INC-3 using

Adobe Acrobat.

Step 3: Attach the Documents Required

Along with Form INC-3, the following documents must be attached:

PAN Card copy
Address proof
Residence proof

Attach self-attested copies of the documents inside the form using Adobe Acrobat.

Step 4: Print the Completed INC-3

Once the information is filled in and the necessary documents are attached, print the INC-3 form on a printer. The total number of pages would be just three. Sign Form INC-3 physically on page 2.

Step 5: Upload on MCA Portal

Upload Form INC-3 along with other incorporation documents on the MCA portal during the time of incorporation.

Sample Nominee Consent Form

The following is a sample nominee consent form or form INC-3:

Form INC-3 - Page 1 The following is page 2 of Form INC-3, wherein the nominee must physically sign in the place provided.

Form INC-3 - Page 2

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Frequently Asked Questions

Common questions about Nominee Consent Form for One Person Company Registration.

A nominee in a one person company is an individual designated by the sole director of the company to become the member of the company in case of the director's death or incapacitation. The nominee must be an Indian citizen and resident above 18 years of age.

The nominee must submit a copy of their PAN card, address proof (like driver's license, passport, Aadhaar card, etc.), and residence proof (such as a recent utility bill or bank statement) that is less than 2 months old.

The nominee consent form, or Form INC-3, can be filled electronically, printed, and physically signed by the nominee. It must then be uploaded along with other incorporation documents on the MCA portal during the incorporation process.

Yes, the article mentions that the person nominating the nominee may withdraw the nomination without the nominee's consent.

No, the article clearly states that the nominee must declare that they are not a nominee in any other one person company.

The nominee must be an Indian citizen and resident, not have been convicted of any offence related to company management or found guilty of fraud or misfeasance in the last 5 years, and comply with other eligibility criteria for a one person company nominee.

Yes, the article mentions that the Ministry of Corporate Affairs now requires companies to file a nominee consent form (Form INC-3) for incorporating a one person company.

The nominee is designated to succeed the sole director and become the member of the company in case of the director's death or incapacitation, ensuring continuity of the one person company.

No, the article does not mention online submission. It states that the form must be printed, physically signed by the nominee, and then uploaded on the MCA portal during incorporation.

Form INC-3 contains the nominee's consent to become a member, their declaration of being an Indian citizen and resident, not being a nominee in another OPC, not being convicted of offences related to company management, and their understanding of the eligibility criteria and withdrawal of nomination.