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Question

Consider the following statements:
1. An OPC may have a board which is constituted of only one person i.e. the member himself.
2. Provisions related to voluntary winding up or winding up by Tribunal are not applicable to OPC.
3. A company can be member or subscriber of OPC.
Which of the above statement/s is/are not true?

A
1 and 3
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B
1 and 2
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C
Only 2
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D
Only 3
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Solution

The correct option is C Only 2
  • OPC is defined under sub section 62 of section 2 of the Companies Act, 2013. It defines OPC as a company which has only one person as a member where all the legal and financial liabilities are limited to the company and not to its members.
  • To carry out voluntary winding up of private limited company procedure, a winding up a meeting need to be called where a resolution is passed to carry out the winding up procedure of the company.
  • Members of a company are nothing but subscribers to its memorandum of association, or its shareholders. So, an OPC is effectively a company that has only one shareholder as its member.

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