Section 3(1) in The Companies (Incorporation) Rules, 2014
(1)Only a natural person who is an Indian citizen and resident in India-(a)shall be eligible to incorporate a One Person Company;(b)shall be a nominee for the sole member of a One Person Company.[Explanation I. - For the purposes of this rule, the term "resident in India" means a person who has stayed in India for a period of not less than one hundred and eighty two days during the immediately preceding financial year.Explanation II. - For the purposes of this rule, while counting the number of days of stay of a director in India for the financial year 2018-2019, any period of stay between 01.01.2018 till the date of notification of this rule shall also be counted.] [Substituted by Notification No. G.S.R. 708(E), dated 27.7.2018 (w.e.f. 31.3.2014).]
