nstaxsolutions

What is One Person Company (OPC)?

A One Person Company (OPC) is a type of company that can be formed with only one owner/member under the Companies Act, 2013. It combines the benefits of a sole proprietorship and a private limited company.

An OPC is a separate legal entity from its owner and provides limited liability protection.

Benefits of Forming One Person Company

  1. Limited Liability Protection

The owner’s personal assets are protected. Liability is limited to the amount invested in the company.

  1. Separate Legal Entity

The company has its own legal identity separate from the owner.

  1. Single Owner Control

One person has complete control over management and decision-making.

  1. Better Business Credibility

An OPC appears more professional and trustworthy compared to an unregistered proprietorship.

  1. Perpetual Succession

The company continues even after death or incapacity of the owner through a nominated person.

  1. Easy Fund Management

Banking and financial transactions are more organized.

  1. Lesser Compliance Compared to Pvt Ltd

OPCs enjoy certain exemptions and reduced compliance requirements.

Eligibility for One Person Company Registration

To register an OPC in India:

  • Only one person can be the member/shareholder
  • Minimum one director required
  • The member and nominee must be:
  • Natural persons
  • Indian citizens
    • Registered office address in India is required
    • A nominee must be appointed at the time of incorporation

Important Conditions

  • One person cannot incorporate more than one OPC at the same time
  • Certain businesses like NBFC activities cannot be carried out through OPC

Process of OPC Registration

Step 1: Obtain Digital Signature Certificate (DSC): Required for online filing on MCA portal.

Step 2: Apply for DIN: Director Identification Number for the director.

Step 3: Name Approval: Apply for reservation of company name through MCA.

Step 4: Prepare Incorporation Documents

Draft:

  • MOA (Memorandum of Association)
  • AOA (Articles of Association)
  • Nominee consent

Step 5: File Incorporation Forms: Submit SPICe+ incorporation forms along with documents.

Step 6: Certificate of Incorporation: After approval, MCA issues:

  • Certificate of Incorporation
  • CIN
  • PAN & TAN

Documents Required for OPC Registration

Documents of Owner/Director

  • PAN Card
  • Aadhaar Card
  • Passport size photograph
  • Email ID and mobile number
  • Address proof
    (Bank statement, electricity bill, passport, etc.)

Documents of Nominee

  • PAN Card
  • Aadhaar Card
  • Consent form

Registered Office Documents

If Rented Property:

  • Rent agreement
  • Utility bill (electricity/water bill)
  • NOC from owner

If Owned Property:

  • Ownership proof
  • Utility bill
Scroll to Top