One Person Company

One Person Company (OPC) is a business entity in which there is only one owner with limited liabilities who can act both as a shareholder as well as the director. One Person Company (OPC) in India was introduced through the Companies Act, 2013 to support entrepreneurs who on their own are capable of starting a venture by allowing them to create a single person economic entity.

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OPC can be registered only as a private company which means that all the provisions applicable to private company will be applicable to an OPC, unless otherwise expressly excluded in the Act or rules made thereunder. A naturally born Indian (NRI) & resident of India can incorporate OPC.

Advantages

  • Better credibility than sole proprietary concerns
  • Limited liability protection to the member
  • Less compliance requirements compared to Private Limited company
  • Easy to incorporate
  • Continuity of business due to perpetual succession
  • Separate legal entity status to the company

Requirements for incorporation of OPC

  • A nominee should be appointed before incorporation.
  • Consent of the nominee should be obtained in Form INC-3.
  • Minimum authorised capital of Rs.1 lakh.
  • DSC of the proposed director.
  • DIN of the proposed director.

Documents required for OPC Registration

Director Identity Proof (any one of the following)

  • Driving License
  • Passport
  • Aadhar card
  • Voter Card

Registration process for OPC

  • Name Reservation in MCA: The name can be approved in the Form SPICe+ 32 application. Only one preferred name along with the significance of keeping that name can be given in the Form SPICe+ 32 application.
  • Drafting of MOA & AOA: The Memorandum of Association (MOA) which are the objects to be followed by the Company or stating the business for which the company is going to be incorporated. The Articles of the Association (AOA) lays down the by-laws on which the company will operate.
  • Other documents to be submitted: The below documents have to be attached to SPICe Form-
    1. The consent of nominee in Form INC – 3 will be taken along with his PAN card and Aadhar Card.
    2. Proof of the Registered office of the proposed Company along with the proof of ownership and a NOC from the owner.
    3. Declaration and Consent of the proposed Director of Form INC -9 and DIR – 2 respectively.
    4. A declaration by the professional certifying that all compliances have been made.
  • Filing of E-Forms on MCA website: SPICe Form, SPICe-MOA and SPICe-AOA shall be filed on MCA site with the DSC of the Director and the professional. PAN and TAN are generated automatically at the time of incorporation of the Company.