One Person Company Registration

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    OVERVIEW

    What is One Person Company?

    To understand one person company definition, we first need to get into the identity it creates. A registration provides corporate status and many benefits to the members and directors. In the case of a Private company, at least two members are required which is not the same in the case of OPC. To eliminate this drawback and allow a single person to reap the advantages of One Person Company, this sort of a company structure is introduced through the Companies Act, 2013. One Person Company registration is simplified with online filing and process.

    One Person Company feature is such that it has only one shareholder who owns 100% stake of the company. To maintain the character of perpetuity, the appointment of the nominee is compulsory, who will take place of the owner in case of death or his inability. One person company is a type of Private Limited Company.

    BENEFITS

    Benefits of One Person Company Registration

    Separate Legal Existence

    A One Person Company would obtain the status of a separate legal entity. Such OPC registration ensures that the entity is separate from the owner, unlike a proprietorship firm. OPC can own the assets in its own name and enter into a contract with the parties. The actions of the company are independent of the owner. This is the main benefit of OPC registration.

    Limited Liability of Owners

    One of the benefits of registering OPC lies in the separate legal entity of the company where the liability and obligations are not charged over the personal assets of the sole member. The liability of a member is limited to the unpaid amount of the capital subscribed by the member. Even in the case of liquidation, the personal assets of the member are protected, except in certain specified cases.

    Lower Compliance Requirements

    A Single Person Company is benefited with an exemption to many compliances unlike a private company. Compliances like holding General and Board Meeting, etc. are not applicable to OPC. However, Board Meeting must be held if more than one director is on Board.

    Separation of Management and Ownership

    Even if the OPC is owned by sole personnel, the owner may appoint a director owing up to the responsibility to operate and run a company. The operational duties are assigned to the director(s) whereas the member would be able to fetch profits channeling efforts towards other businesses. However, in One Person Company, the shareholder holds complete control over being a stakeholder.

    ONLINE REGISTRATION

    Documents Required for Online OPC Registration

    PAN Card
    PAN Card of shareholder, nominee, and Directors.

    Photograph
    Latest Passport size photograph of Shareholder, Nominee and Directors

    Rent Agreement
    Rent Agreement of the registered office should be provided, if any

    Identity Proof
    Aadhar card and Voter ID/ Passport/ Driving License of Shareholder, Nominee, and Directors.

    Business Address Proof
    Latest Electricity Bill/ Telephone Bill of the registered office address

    Director’s Address Proof
    Latest Telephone Bill /Electricity Bill/ Bank Account Statement of Shareholder, Nominee, and Directors.

    NOC from owner
    No Objection Certificate to be obtained from the owner(s) of registered office

    One Person Company Name Format and Formulation


    Unique Name
    One Person Company name should be unique as it forms the company brand, preferably a coined word.

    Business Object
    The OPC name format shall have the second part of name suggesting the business activity of the company.

    Constitution Type
    Name of the company must end with “(OPC) Private Limited” as a suffix.
    Online Registration

    One Person Company Registration

    1. Answer Quick Questions

    • Pick a Package that best fits your requirements
    • Nearly 10 minutes to fill in our Questionnaire
    • Provide basic details & documents required for registration
    • Make payment through secured payment gateways

    2. Experts are Here to Help

    • Assigned Relationship Manager to help you with OPC registration.
    • Procurement of Digital Signatures (DSC)
    • Application for OPC Name Reservation under SPICe
    • Documents drafting including MOA and AOA
    • Certificate of Incorporation
    • Application for PAN and TAN

    3. Your OPC is Registered

    • All it takes is 12 – 15 working days*

    The Process

    Process to register OPC online

    Day 1 - 2

    • Review of documents and information provided
    • Application for Digital Signature Certificate

    Day 3 - 6

    • Checking Name availability
    • Drafting of MoA, AoA & other required documents

    Day 7 - 9

    • Name reservation application under SPICe
    • Filing company registration application
    • DIN allotment application
    • Application for PAN and TAN of company

    Day 10 - 12

    • Government processing time

    Compare Related Services

    Compare different business structures to choose the right entity type

    Private Limited Company One Person Company Limited Liability Partnership Partnership Firm Proprietorship Firm
    Act Companies Act, 2013 Companies Act, 2013 Limited Liability Partnership Act, 2008 Indian Partnership Act, 1932 No specified Act
    Registration Requirement Mandatory Mandatory Mandatory Optional No
    Number of members 2 – 200 Only 1 2 – Unlimited 2 – 50 Only 1
    Separate Legal Entity Yes Yes Yes No No
    Liability Protection Limited Limited Limited Unlimited Unlimited
    Statutory Audit Mandatory Mandatory Dependent Not mandatory Not mandatory
    Ownership Transferability Restricted No Yes No No
    Uninterrupted Existence Yes Yes Yes No No
    Foreign Participation Allowed Not Allowed Allowed Not Allowed Not Allowed
    Tax Rates Moderate Moderate High High Low
    Statutory Compliances High Moderate Moderate Less Less
    Know More Get Started Know More Know More Know More
    Frequently Asked Questions

    Explore One Person Company Registration

    Below mentioned are the pre-requisites to register an OPC in India:
    1. The shareholder must be individual and Indian resident
    2. At least one director is appointed, who shall be an Indian resident
    3. A nominee who is above the age of 18 years and Indian resident must be appointed as Nominee on registration
    4. A place of business must be provided as the registered office address of OPC.

    No. The requirement to provide minimum paid-up capital for OPC registration is now removed. The amount required for starting a business must be subscribed while registering OPC. Further, the subscriber must hold at least one share for registration. It is important to note that the minimum amount of INR 1 Lakh must be kept as Authorized Capital.

    Only an individual can become a member of OPC. One needs to be an Indian resident above the age of 18 years to be eligible to form One Person Company. To refer one as an Indian resident, he/she must have spent at least 182 days in India in the immediate previous calendar. An additional condition is that a person can become member of only 1 OPC at any time during or after registration.

    A person who is a minimum of 18 years i.e.; major, and is an Indian resident. Additionally, the nominee must provide his consent to the company for his/ her appointment.

    Daily transactions of the business are recorded in the Books of Accounts of the Company by the Accountant/s. The Accounts hence recorded are verified by an Independent Auditor to make sure that no statutory compliance are missed and provide an Audit Report for the same.
    (Note: LegalWiz.in shall only take the accountability of the Accounting Service provided by them but however shall help in appointment of Independent Auditor for your business.)

    Any natural person above the age of 18 years can become a director in the company after procuring Director Identification Number (DIN). As there are no criteria provided in terms of citizenship or residency, a foreign national can also become a director. The application of DIN Allotment is now merged with the application for the formation of a company, subject to a limit of maximum 3 DIN.

    Director Identification Number is a unique number assigned by the Ministry of Corporate Affairs to Individuals on application made. This allows any individual to be a Director in any Company or Designated Partner in LLP.

    Digital Signature Certificate is provided in the form of a token issued by Certified Authorities. Any form that is filed for an online OPC registration in India shall be submitted after affixing the DSC of an Applicant. Also, the directors will require a DSC for DIN application and the nominee and shareholder shall possess DSC for submitting e-forms for incorporation.

    Authorised capital shows the maximum amount of capital that a company can raise by way of issuing shares at present or in the future. The Paid-up Capital refers to the actual amount raised by the company i.e. amount paid by shareholders upon issuance of shares. One can register One Person Company in India by any amount of paid-up capital, which can be less than authorized capital but not exceeding such.

    Yes, an OPC can carry multiple businesses if it is mentioned in the MoA of the company and approved by the registrar. The company can mention more than one business which is related and from the same field. Activities which are unrelated such as fashion designing and event management or construction cannot be registered under the same company.

    Yes, a company can be registered at a commercial or a residential place by furnishing necessary proof. A registered office is a place where communication, if any, from MCA and other concerned authorities, will be received. The address will also be displayed at the portal of Ministry.

    No, only an individual can obtain membership or become the nominee in OPC. If a body corporate wants a 100% stake of any company, it can register a wholly owned subsidiary.

    No, the shareholder must be an Indian resident for OPC company registration.

    No, none of the member or director is required to be present as the whole process of OPC registration is online. All the forms are filed on the web portal and are digitally signed. Also, the required documents can be sent through an e-mail or uploaded on our portal for filing.

    An OPC can be converted into Private or Public Company upon completing 2 years from the date of Incorporation unless it is a mandatory conversion.

    It is required to convert an OPC into a Private or Public Company when the paid-up capital of the OPC exceeds 50 lakh Rupees, or the Average Annual Turnover during the relevant period exceeds 2 Crore Rupees. The mandatory conversion will take effect irrespective of the period of existence of OPC.

    Once, the company is registered, it must fulfill below-mentioned requirements on priority:
    • Opening a current account of the company
    • Appointing of the Statutory auditor
    • Depositing the paid-up capital mentioned while registration
    • Issuance and allotment of shares

    During every financial year, the company must hold board meetings in case of more than 1 director. Furthermore, the accounts and financial statements must be audited by an independent auditor. Subsequently, it shall file form AOC – 4 and MGT – 7 as a part of Annual Compliance within the given time.

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