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: [caption id="attachment_33188" align="aligncenter" width="613"]

Form INC-3 - Page 1 The following is page 2 of Form INC-3, wherein the nominee must physically sign in the place provided. [caption id="attachment_33189" align="aligncenter" width="596"]

Form INC-3 - Page 2