e-Form INC-4 is required to be filed pursuant to Section 3(1) of the Companies Act, 2013 and Rule 4(4), (5), (6) of Companies(Incorporation) Rules, 2014 if a member of One Person Company wants to Change the Nominee by Filing prescribed form to Registrar of Companies on MCA website.
Further, Member of One Person Company is required to nominate a person, after obtaining his/her prior written consent, who will become the member of such OPC in the event of member’s death or incapacity to contract.
First Nominee is declared at the time of Incorporation of the company with consent of nominee form INC -3
Attachments required along with Form INC-4 are as follows:
- Consent of the nominee in signed Form INC-3 along with all the enclosures.
- Certified copy of the PAN card of the new nominee as well as new member.
- Proof of identity of the new nominee as well as new member.
- Residential proof of the new nominee as well as new member.
- Notice of withdrawal of consent in case withdrawal is by the nominee.
- A copy of intimation for change in nominee in case of intimation about change in the name of the nominee.
- Proof of cessation of member in case of intimation of cessation of member.
How does Form INC-4 work?
- User needs to select any one option as the purpose of filing the form. Based on this selection, serial number 4-9 will be displayed in the e-Form.
- In the case “Notice of withdrawal of consent by the nominee of OPC” is selected, then serial no 4, 7, and 8 will be required to be filled by the user.
- If “Intimation about change in the name of the nominee of OPC” is selected, then serial no 5 and 8 will be required to be filled by the user.
- In the case “Intimation of cessation” is selected, then serial no 6, 7, 8 and 9 will be required to be filled by the user.
Case 1: Notice of withdrawal of consent by the nominee of OPC
System will populate the names of old nominee and member of OPC on the basis of CIN and user is required to mention the date of notice of withdrawal of consent of old nominee.
Case 2: Intimation about change in nomination
- System will populate the name of member, old nominee as well as of OPC on the basis of CIN.
- User is required to enter full name of new nominee and date of intimation by member for change in nomination.
Case 3: Intimation of Cessation of member
- System will populate the name of member and OPC and user is required to enter date of cessation of member.
- Further, user needs to select who has become the sole member of the OPC.
- Transferee can only be selected if change in ownership is selected as the reason of cessation and his/her nominee can be selected in case death or incapacity to contract as a reason of cessation.
- In case of notice of withdrawal of consent by the nominee, name of the member shall be pre filled based on CIN and only member can be selected in the drop down.
- In case of intimation of cessation of member, name of member is entered & only ‘new member’ can be selected.
- Enter the particulars of nominee as well as ensure that approved DIN, if allotted and valid PAN is mentioned.
Fee for INC-4 (in case of company having share capital)
| Nominal Share Capital | Fee applicable |
| Less than 1,00,000 | 200 Rs |
| 1,00,000 to 4,99,999 | 300 Rs |
| 5,00,000 to 24,99,999 | 400 Rs |
| 25,00,000 to 99,99,999 | 500 Rs |
| 1,00,00,000 or more | 600 Rs |
FAQs
Member of the one person company has to appoint a person as Nominee who shall, in the event of subscriber’s death or his incapacity to contract becomes member/shareholder of the OPC.
Moreover, he or she must be an Indian citizen and resident in India but not a minor.
In a Private Company, a minimum of 2 Directors and Members are mandatory whereas in a Public Company, a minimum of 3 Directors and 7 members. However, in case of OPC only one person can be a director.
OPC can be converted in to Private Limited after two years of setup, or even before that if its turnover is more than Rs 2 crore and paid share capital surpasses Rs 50 lakhs in a financial year.