Raman is an Indian Citizen, and his stay in India during the immediately preceding financial year is for 130 days. He appoints Sanjay, a foreign citizen, as his nominee, who has stayed in India for 125 days during the im

As per Rule 3 of the Companies (Incorporation) Rules, 2014, only a natural person who is an Indian citizen whether resident in India or otherwise (person who stayed in India for a period of not less than 120 days during immediately preceding financial year)- Shall be eligible to incorporate an OPC; Shall be a nominee for the sole member of an OPC. In the given case, Mr. Raman is an Indian citizen and his stay in India during the immediately preceding financial year is 130 days which is above the requirement of 120 days. Hence, Mr. Raman is eligible to incorporate an OPC. Further, even though Mr. Sanjay's name is mentioned in the Memorandum of Association as nominee and his stay in India during the immediately preceding financial year is more than 120 days, he is a foreign citizen and not an Indian citizen. Hence, Sanjay's name cannot be given as nominee in the Memorandum of Association as nominee.