One-Person Company Registration

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OPC Registration

One Person Company (OPC) in India is a novel concept introduced under the Companies Act 2013. It allows the incorporation of a company by a single individual. Before the advent of the Companies Act 2013, a sole individual couldn’t establish a company, making the sole proprietorship the only viable option.

In accordance with Section 2 (62) of the Companies Act 2013, a company can now be formed with just one director and one member. OPC registration in India offers a business structure that entails fewer compliance requirements compared to a Private Limited Company.

Under the Companies Act 2013, an OPC in India can be established with only one member and one director, who can be the same person. This provision allows both resident and non-resident Indians to register an OPC in India.

Key Reasons for Opting for OPC Registration in India

  1. Separate Legal Entity:
    OPC registration in India grants the company the status of a separate legal entity. This means that the member’s liability is limited to their shares, and they are not personally responsible for the company’s losses.
  2. Easy Access to Funds:
    As an independent legal entity, an OPC can readily secure funds from sources like venture capitalists, angel investors, and incubators. One Person Companies find it easier to obtain loans compared to proprietorship firms.
  3. Reduced Compliance Burden:
    OPCs enjoy certain exemptions from compliance requirements under the Companies Act, 2013, making it more straightforward to meet regulatory obligations.
  4. Simplified Incorporation:
    Incorporating an OPC is a streamlined process that requires only one member and one Nominee. The member can also serve as the Director. Additionally, the minimum paid-up capital requirement for OPC registration in India is just Rs. 1 lakh, making it a straightforward option compared to other business structures.
  5. Efficient Management:
    OPCs are easier to manage since they can be established and operated by a single individual. Decision-making is swift and uncomplicated, leading to efficient company management with minimal conflicts or delays.
  6. Perpetual Succession:
    A Nominee must be appointed. In the event of the member’s demise, the Nominee takes over the company’s operations, ensuring continuity and perpetuity of the business.

What’s Included

  1. DIN (Director Identification Number) for 1 Director
  2. Digital Signature (DSC) for 1 Director
  3. Drafting of Memorandum and Articles of Association
  4. Incorporation fees*
  5. Approval of Company Name
  6. Issuance of Incorporation Certificate
  7. Company PAN and TAN
  8. Registration for EPFO, ESIC, and Professional Tax*
  9. Assistance with Opening a Bank Account Kit

Required Documents

  • PAN CARD: PAN card copies of Shareholders and Directors. In the case of Foreign Nationals, a Passport is mandatory.
  • ID PROOF: Aadhaar card/Passport/Voter ID/Driving Licence (Any 1) of Shareholders and Directors.
  • ADDRESS PROOF: Bank Statement/Mobile/Telephone Bill/Electricity Bill (Any 1) of Shareholders and Directors.
  • PHOTO: Passport-sized photos of Shareholders and Directors.
  • OFFICE ADDRESS PROOF: Proof of the office address – Electricity Bill/Mobile Bill (Any 1).
  • NOC FROM OWNER: No Objection Certificate from the owner of the office.
  • RENT AGREEMENT: Rent agreement for the office (if the property is rented).

Is Voluntary Conversion of OPC Permissible?

Yes, an OPC can voluntarily undergo conversion into a Private Limited Company, but this transition can only take place after the completion of 2 years from the date of incorporation.

When is Mandatory Conversion of OPC Required?

An OPC must undergo mandatory conversion into a Private Limited Company in the following scenarios:
When the paid-up share capital of the OPC surpasses Rs. 50 Lakhs.
If the average annual turnover consistently exceeds Rs. 2 crores over the last 3 years.