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Nominee of OPC become director of new company

16 February 2023

can a person nominee in the OPC become New private limited company as a director? any disqualification as per companies act?

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2 Replies

Ayush (Executive ) (7790 Points)
Replied 16 February 2023

Yes, a person who is nominated as a nominee in an OPC (One Person Company) can become a director in a new Private Limited Company, subject to certain conditions and requirements as per the Companies Act, 2013.

The Companies Act, 2013 does not prohibit a nominee in an OPC from becoming a director in another company. However, there are certain disqualifications for a person to become a director, as per the provisions of the Companies Act, 2013. Some of the grounds for disqualification include:

If the person has been declared as an insolvent.
If the person has been convicted of an offence and sentenced to imprisonment for a period of more than six months.
If the person has not paid any calls on shares of any company of which he is a director.
If the person has been disqualified by any court or tribunal.

If the person does not fall under any of the disqualifications mentioned in the Companies Act, 2013, then he or she can become a director in a new Private Limited Company, even if they were previously a nominee in an OPC.