Discuss the difference between a person nominated in Form INC 3 and a person nominated in Form SH 3 bringing out the rights and obligations of the Nominee in both the cases.

The memorandum of One Person Company is mandatorily required to indicate the name of the nominee with his prior written consent in the INC-3, who shall, in the event of the subscriber's death or his incapacity to contract become the member of the company and the written consent of such person shall also be filed with the Registrar at the time of incorporation of the One Person Company along with its memorandum and articles. Form INC-3 is filed pursuant to section 3(1) of the Companies Act, 2013. INC-3 is Nominee Consent Form, in case of an OPC. Such nomination in Form No.INC-32 (SPICE) along with consent of such nominee obtained in Form No.INC-3 is required to be filed with Registrar. The person nominated by the subscriber or member of a One Person Company may, withdraw his consent by giving a notice in writing to such sole member and to the One Person Company. Where the sole member of One Person Company ceases to be the member in the event of death or incapacity to contract and his nominee becomes the member of such One Person Company, such new member shall nominate within fifteen days of becoming member, a person who shall in the event of his death or his incapacity to contract become the member of such company, and the company shall file with the Registrar an intimation of such cessation and nomination to Registrar within thirty days of the change in membership. The nomination in form SH 13 is in accordance with the provisions of Rule 19 of the Companies (Share Capital and Debenture) Rules, 2014. A holder of any security can nominate a person in whom the securities shall vest in the event of his/her death ('security holder'). In the event of death of the holder of securities or where the securities are held by more than one person jointly, in the event of death of all the joint holders, the person nominated as the nominee may upon the production of such evidence as may be required by the Board, elect, either- to register himself as holder of the securities; or to transfer the securities, as the deceased holder could have done. (Note: In the Question, the term SH-13 should have been used/printed in place of SH-3. This being a printing mistake. However, in question paper it was indicated that this is a form for nomination. So, logically, Students would be able to understand that this is typographical error)