Incorporation of One Person Company (OPC) in India

A One Person Company (OPC) is a type of business structure in India that allows a single individual to operate a corporate entity with limited liability. Introduced under the Companies Act, 2013, an OPC combines the benefits of a sole proprietorship with the advantages of a private limited company. Here is an overview of the benefits, required documents, and the incorporation process:

Benefits of a One Person Company (OPC):

  1. Limited Liability: Like private limited companies, OPCs provide limited liability protection to the sole owner, ensuring that personal assets are not at risk.

  2. Single Ownership: An OPC is owned and controlled by a single person, allowing sole entrepreneurs to enjoy the benefits of a corporate structure.

  3. Separate Legal Entity: OPC is considered a distinct legal entity from its owner, allowing it to own assets, enter into contracts, and sue or be sued in its own name.

  4. Perpetual Succession: OPC has perpetual succession, meaning the company continues to exist even in the event of the death or incapacitation of the sole owner.

  5. Ease of Compliance: OPCs have simplified compliance requirements compared to larger companies, making it easier for small businesses to manage regulatory obligations.

Documents Required for Incorporation:

  1. Director Identification Number (DIN):

    • Obtain a Director Identification Number (DIN) for the proposed director. If the sole owner is also the director, they need to obtain DIN.
  2. Digital Signature Certificate (DSC):

    • Obtain a Digital Signature Certificate for electronically signing documents.
  3. Name Reservation:

    • Propose and reserve a suitable name for the company through the Ministry of Corporate Affairs (MCA) Name Reservation facility.
  4. Memorandum of Association (MOA) and Articles of Association (AOA):

    • Draft MOA and AOA outlining the objectives and rules of the company.
  5. Consent and Declaration:

    • Obtain the consent and a declaration from the proposed director(s) regarding their eligibility and willingness to act as a director.

Incorporation Process:

  1. DIN and DSC:

    • Obtain DIN and DSC for the proposed director.
  2. Name Reservation:

    • Apply for name reservation through the MCA. The name should include “OPC” to signify it’s a One Person Company.
  3. Drafting and Filing of Documents:

    • Prepare MOA, AOA, and other necessary incorporation documents. File them with the Registrar of Companies (RoC).
  4. Certificate of Incorporation:

    • Once the documents are verified, and the RoC is satisfied, a Certificate of Incorporation is issued.
  5. PAN and TAN Application:

    • Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the newly incorporated company.
  6. Registered Office:

    • Provide the details of the registered office address of the company along with supporting documents.
  7. Bank Account Opening:

    • Open a bank account in the name of the company using the Certificate of Incorporation and other relevant documents.
  8. Compliance:

    • Ensure compliance with ongoing regulatory requirements, such as filing annual returns and financial statements.

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Solapure Consultancy and Advisory LLP is a professional services firm offering consultancy and advisory solutions across various domains, including but not limited to ISO Certification, company formation, financial advisory, and other related services. We are committed to delivering high-quality services tailored to meet our clients’ specific needs.

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