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A One Person Company (OPC) is a unique business structure introduced in India under the Companies Act, 2013. It allows a single entrepreneur to establish a limited liability company, offering the advantages of a separate legal entity with limited liability protection for the owner's personal assets. This structure is ideal for aspiring entrepreneurs seeking to operate a business with the benefits of a company format while maintaining control as the sole owner.

To incorporate an OPC, an individual must meet the following criteria:

  • Indian Citizen and Resident: The applicant must be a citizen of India and a resident for at least 182 days in the preceding financial year.
  • Minimum Age: The applicant must be 18 years of age or older.
  • No Disqualification: The applicant should not have any disqualifications under the Companies Act, such as being previously convicted of an economic offense.
Benefits of a One Person Company
  • Limited Liability: A key benefit of an OPC is limited liability protection. This means the owner’s personal assets (like car, house, etc.) are shielded from business debts and liabilities. Only the company’s assets are at stake in case of insolvency. For instance, if the company takes a loan and defaults on repayment, the creditor cannot seize the owner’s personal belongings to recover the debt.
  • Separate Legal Entity: An OPC has a distinct legal identity from its sole member. This separation allows the company to enter into contracts, own property, and incur debts in its own name. It can also build a separate credit history, which can be beneficial for securing loans in the future.
  • Perpetual Succession: An OPC enjoys perpetual succession, meaning the company’s existence continues even after the death or incapacity of the sole member. The business continuity is ensured through a nominated nominee who takes over the company’s management. This nominee can be a family member, friend, or trusted professional.
  • Enhanced Credibility: An OPC portrays a more professional image compared to a sole proprietorship. This can be advantageous when attracting investors, establishing trust with potential business partners, or bidding on tenders or contracts.
  • Easier Access to Funds: An OPC structure can make it easier for a business to secure loans and investments compared to a sole proprietorship. Banks and financial institutions may view an OPC as a more stable and credible entity, increasing the chances of loan approvals and potentially offering better interest rates.
Detailed Step-wise Procedure for OPC Incorporation
  1. Digital Signature Certificate (DSC) and Director Identification Number (DIN): Obtain a DSC for the proposed director (sole member) and apply for a DIN. A DSC is a digital signature that acts like a digital fingerprint for verifying the authenticity of electronically submitted documents. The DIN is a unique identification number assigned to every director of a company in India. CCA can assist you with obtaining both the DSC and DIN.
  2. Name Approval: Choose a unique and available company name that reflects your brand identity and complies with the Companies Act naming regulations. You can conduct a name availability check through the Ministry of Corporate Affairs (MCA) portal. CCA can help you brainstorm potential names and ensure they meet the legal requirements.
  3. Preparation of Documents: Prepare the Memorandum of Association (MOA) and Articles of Association (AOA) outlining the company’s objectives and internal governance rules. The MOA defines the company’s fundamental details like name, registered office, and objects clause (core business activities). The AOA lays down the internal governance framework, specifying how the company will be run (e.g., meetings, voting rights, profit & loss sharing). CCA can provide guidance and draft these documents as per your specific requirements.
  4. Online Filing: File the incorporation application with the MCA portal. This involves uploading the prepared MOA, AOA, and other required documents, along with paying the requisite government fees. CCA can guide you through the online filing process and ensure all documents are submitted correctly.
  5. Certificate of Incorporation: Upon successful processing of your application, the MCA will issue a Certificate of Incorporation, formally establishing your OPC. This certificate signifies the legal existence of your company.
List of Documents Required for OPC Incorporation
  • PAN Card of the proposed director (sole member)
  • Identity and address proof documents (Aadhar card, passport, voter ID, etc.)
  • Latest rent agreement or utility bill (as proof of business address)
  • MOA and AOA (prepared as per MCA guidelines)

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/Including Govt. Fees

*Fee is inclusive of Government Fee, Out of Pocket Expenses, Professional Fee and GST.
Common Questions

Most Popular Questions

A One Person Company (OPC) is defined under the Companies Act, 2013, as a company that has only one person as its member and director, who is also the sole shareholder. It provides a simplified and efficient form of business structure for small entrepreneurs and startups.   A One Person Company (OPC) is a type of company structure introduced in India to enable single entrepreneurs to operate as a separate legal entity, with limited liability. It allows a single person to form and run a company, enjoying the benefits of a corporate entity.

Eligibility criteria include:

   - The individual must be a resident of India.

   - The individual must not be a minor.

   - A person can be a nominee director in only one OPC at any given time.

   - An individual cannot incorporate more than one OPC or become nominee director in more than one OPC simultaneously.

Advantages include:

   - Limited liability protection for the sole shareholder.

   - Separate legal entity status, distinct from the owner.

   - Single-person ownership and management.

   - Simplified compliance requirements compared to other company structures.

   - Ability to access funding, contracts, and business opportunities on par with other companies.

The process includes:

   - Obtaining Digital Signature Certificates (DSCs) for the proposed director(s).

   - Applying for Director Identification Numbers (DINs) for the proposed director(s).

   - Choosing a unique name and obtaining approval from the ROC.

   - Preparing and filing the incorporation documents, including the Memorandum of Association (MOA) and Articles of Association (AOA).

   - Paying the prescribed registration fees and submitting the documents to the ROC.

Required documents include:

   - Identity and address proofs of the proposed director/shareholder.

   - Proof of registered office address (e.g., rental agreement, utility bill).

   - Memorandum of Association (MOA) and Articles of Association (AOA) signed by the subscriber(s).

   - Consent forms from the proposed director/shareholder.

Yes, as per the Companies Act, 2013, every OPC must have a nominee director appointed by the sole member. The nominee director's role is to take over the management and ownership of the OPC in case the sole member becomes incapacitated or passes away.

Yes, an OPC can be converted into a Private Limited Company, Limited Liability Partnership (LLP), or any other type of company as per the provisions of the Companies Act, 2013. The conversion process involves filing an application with the ROC and complying with the necessary requirements and formalities.

Annual compliance requirements include:

   - Filing of annual returns (Form MGT-7) within 60 days of the Annual General Meeting (AGM).

   - Filing of financial statements (Form AOC-4) within 30 days of the AGM.

   - Holding of at least one board meeting in each half of the calendar year, with a gap of not more than 120 days between two meetings.

   - Compliance with tax laws, including payment of taxes and filing of tax returns.

Yes, Avenue Advisory offers comprehensive assistance for annual compliance, ensuring timely preparation and filing of required documents, adherence to regulatory deadlines, and expert guidance on compliance matters.

Non-compliance with annual filing requirements may lead to penalties, fines, legal actions, disqualification of directors, and loss of reputation for the OPC. It is crucial for OPCs to ensure timely and accurate compliance with all regulatory obligations to avoid adverse consequences and maintain good standing with the authorities.

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