Request a call back

Overview of One Person Company Registration in India

OPC or One Person Company can be formed with a single person who is the owner and director of the company. It was introduced under the new Company’s Act, 2013. One Person Company Registration is a type of sole proprietorship business in the form of a company that gives complete authority to the single person to run the business while limiting his liabilities and duties for the business.
One Person Company Registration can easily be obtained under the provisions of the Companies Act, 2013. One Person Company comes with various benefits like limited liability, easy to form, continuous existence, greater credibility. Obtaining OPC registration is any process as it only requires the abidance of few requirements.
Companies Act 2013 gave birth to the concept of One Person Company. Section 2(62) of Companies Act defines ‘One Person Company’ as "a company run by a single person who is acting as a shareholder and director at the same time". One Person Company Registration has lower compliance as compared to a Private Limited Company.Entrepreneurs in the initial stage of their business prefer to create OPCs instead of sole proprietorship business because the advantages that OPCs offer.
Companies Act 2013 gave birth to the concept of One Person Company. Section 2(62) of Companies Act defines ‘One Person Company’ as "a company run by a single person who is acting as a shareholder and director at the same time". One Person Company Registration has lower compliance as compared to a Private Limited Company.Entrepreneurs in the initial stage of their business prefer to create OPCs instead of sole proprietorship business because the advantages that OPCs offer.

Benefit of an One Person
Company

No Minimum Capital Required:

No Minimum capital is required to register a OPC. It can be register without any funds.

Minimum Directors and Shareholders:

There shall be present One Directors and a Shareholders for the registration of an OPC.

Less Compliance:

Compliances of an OPC are less than from Private Limited Company and easy to done with minimum process.

Limited Liability:

In an OPC the liability of the concerned director is limited to it’s share capital.

Separate Legal Entity :

An OPC have separate legal entity from its director and share holders.

Better Credibility :

As an OPC required to have its books audited annually, An OPC have great credibility with its customer and vendor.

Easy Funding :

An OPC can also raise its fund through financial institutions, angel investors, venture capitals, etc. An OPC can also graduate itself into a Private Limited Company to raise its funds.

Minimum One Director :

An OPC can be register with a single person who can be a director and share holder of OPC.

Better For Small Industries :

An OPC is great option for small entrepreneur to start their business by registering an OPC . An OPC can avail all the benefits provided to small scale industries such as easy funding without depositing security to certain limits, loans at lower interest rates, benefits under foreign trade policy, etc. These benefits play a crucial role in the progress of the company in its initial days.

Basic Requirement for Company Registration

Unique and Meaningful Name:

The name should not resemble to any of the existing entities and shall not contain any offensive words detrimental to the interest of the society at large. Also, the name should necessary align with the objects of the company and must contain the word “OPC”.

Minimum Members: A single member is required to register an OPC.

A minimum number of 7 members are needed to run a Public Company, out of which 3 members should be the company’s directors. Relatives and Spouse can be directors or members. Maximum numbers of member can be unlimited and maximum director can be limited in Public Company.

Shareholders’ funds

To start a OPC, a minimum of Rs. 1 lacs is required as equity share capital.

Object:

The object of the Public Company shall be accordingly to business nature and as per the rule and act governed by Law. Any other object in its MOA shall be void.

Documents Required for Company Registration

  • ID Proof:Self-attested copy of Voter id or Passport or Driving Licence
  • Pan Card Self-attested copy of "All members"
  • Any Address Proof: (Self Attested)
  1. Latest Bank Statement (Not older than two months)
  2. Latest Electricity Bill or Water Bill or Gas Bill.
  • Registered Office Address Proof:
  • a) If the premises are ownedby the Director or Shareholder or any of the related entity, then the following documents are must:
    1. Latest Electricity Bill in the name of Director or Shareholder or a related entity;
    2. NOC.
  • b) If the premises are taken on rent:
    1. Rent Agreement;
    2. Latest Electricity Bill in the name of the owner;
    3. NOC.
  • Scanned Passport size photograph of a Member;

Process of Company Registration

Digital Signatures (DSCs):

Since the registration process is online, hence there is the requirement for Digital signatures of all the Directors and Shareholders.We provide seven DSCs in our package of Public Company Registration.

 Name Application

Once the name is finalized, the application shall be made in Form SPICE-Part A. The form is a replacement of earlier Form RUN and provides the option to apply for two names
Prepare all requisite documents MOA, AOA, INC 9, INC 10, DIR 2 to be filed with the ROC. These must mention the main objective of incorporating a company.

 File the company incorporation with SPICE Form.

Obtain an incorporation certificate with the corporate identification number (CIN). It usually takes 7-10 days to form a company..

  Drafting of MOA and AOA:

The MOA is the constitution of the Company and defines various clauses mandatory to bring the company into existence such as Name clause, object clause, registered office clause, liability clause, subscription clause and capital clause.

  Grant of Certificate of Incorporation:

The Ministry, after being satisfied, that the documents and details submitted in the application are correct and gives a true and fair view of the intentions of the applicant, shall grant the Certificate of Incorporation (COI) along with PAN and TAN.

Post Registration Compliances

• Filing of INC 20 A:

Within 180 days of incorporation of the Company, a declaration, attested by the Director of the Company, shall be filed with ROC that each subscriber to the memorandum has consented to the share value taken by them.

• Appointment of Auditor:

Soon after the Public Limited comes to the existence, there shall be appointed before the first Annual General meeting of the Company, the statutory auditor who shall hold office till sixth AGM until and unless ratified or a resignation is served.

Annual Compliance for Nidhi
Company

E-Form Descriptions Due Date
Auditor’s certificate To the effect that the company has complied with all the requisite provisions Annexed to the Audit report yearly
Form AOC-4 Annual financial statements and other related documents Within 30 days of the annual general meeting
Form MGT-7 Annual return to be filed with MCA Within 60 days of the annual general meeting
Income Tax Return Income Tax Return Form 30th September of the following financial year

Other event basis Compliances:

Like change in directors, change in address, increase in capital, etc. shall be done as on date basis.

Why Nidhi Fintech Consultancy?