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):
Limited Liability: Like private limited companies, OPCs provide limited liability protection to the sole owner, ensuring that personal assets are not at risk.
Single Ownership: An OPC is owned and controlled by a single person, allowing sole entrepreneurs to enjoy the benefits of a corporate structure.
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.
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.
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:
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.
Digital Signature Certificate (DSC):
- Obtain a Digital Signature Certificate for electronically signing documents.
Name Reservation:
- Propose and reserve a suitable name for the company through the Ministry of Corporate Affairs (MCA) Name Reservation facility.
Memorandum of Association (MOA) and Articles of Association (AOA):
- Draft MOA and AOA outlining the objectives and rules of the company.
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:
DIN and DSC:
- Obtain DIN and DSC for the proposed director.
Name Reservation:
- Apply for name reservation through the MCA. The name should include “OPC” to signify it’s a One Person Company.
Drafting and Filing of Documents:
- Prepare MOA, AOA, and other necessary incorporation documents. File them with the Registrar of Companies (RoC).
Certificate of Incorporation:
- Once the documents are verified, and the RoC is satisfied, a Certificate of Incorporation is issued.
PAN and TAN Application:
- Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the newly incorporated company.
Registered Office:
- Provide the details of the registered office address of the company along with supporting documents.
Bank Account Opening:
- Open a bank account in the name of the company using the Certificate of Incorporation and other relevant documents.
Compliance:
- Ensure compliance with ongoing regulatory requirements, such as filing annual returns and financial statements.
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