OPC Registration

OPC Registration

Registering a One-Person Company (OPC) is favored among entrepreneurs who desire limited liability and a distinct legal identity. OPC is a unique business structure that permits a single person to function as a company, giving them the benefits of limited liability while retaining complete control. In an OPC, the individual serves as both the director and shareholder, merging the advantages of a sole proprietorship with the legal protection of a private limited company.

Introduction to One Person Company (OPC)

One Person Company (OPC) registration in India was introduced as a concept under the Companies Act of 2013, enabling a single individual to establish a company and enjoy the combined benefits of both a sole proprietorship and a traditional company structure. This concept became available with the implementation of the Companies Act in 2013.

The primary objective behind creating one-person companies was to foster entrepreneurship and encourage the formalization of Micro, Small, and Medium Enterprises (MSMEs). According to Section 2(62) of the Companies Act 2013, a company can be formed with just one director and one member, and interestingly, these roles can be held by the same individual. Simply, OPC Company registration allows a single person to set up a limited liability company in India. The following describes the eligibility and procedure to register one person company.

Eligibility Criteria

Before you go ahead and engage in OPC registration process, it's crucial to understand the specific eligibility criteria and limitations that govern its formation. The Companies Act sets out clear requirements that must be met to ensure that the individual promoting the OPC is eligible to do so.

  • Natural Person and Indian Citizen: Only a natural person who is an Indian citizen can establish an OPC. Legal entities like companies or LLPs cannot create an OPC.

  • Resident in India: The promoter must be a resident in India, meaning they should have lived in India for at least 182 days during the previous calendar year.

  • Minimum Authorized Capital: The OPC must have a minimum authorized capital of Rs 1 00,000, the amount stated in the company's capital clause during the OPC Company registration.

  • Nominee Appointment: The promoter must appoint a nominee during the OPC's incorporation. This nominee would become a member of the OPC in the event of the promoter's death or incapacity.

  • Restrictions on Certain Businesses: Businesses involved in financial activities such as banking, insurance, or investments are not eligible for OPC company registration.

  • Conversion to Private Limited Company: If the OPC's paid-up share capital exceeds 50 lakhs or its average annual turnover surpasses 2 Crores, it must be converted into a private limited company to comply with the regulatory requirements for larger companies.

It's worth noting that an individual can establish only one OPC, and an OPC cannot have a minor as its member. In the following section, you'll find advantages and disadvantages one will get as a result of OPC registration online.

Required Documents for OPC Registration Online

Required Documents for OPC Registration Online

Several essential documents must be prepared and submitted to the Registrar of Companies (ROC) as part of the One Person Company registration process:

  • Memorandum of Association (MoA)

  • Articles of Association (AoA)

  • The nominee's consent, along with their PAN card and Aadhaar card, must be submitted via Form INC-3.

  • Proof of Registered Office

  • The proposed director should furnish a declaration in Form INC-9 and their consent in Form DIR-2.

  • A declaration by a qualified professional certifying that all necessary legal compliances have been adhered to.

Keep these required documents ready for OPC company registration.

© 2024 RUYAN CORPORATE LLP

© 2024 RUYAN CORPORATE LLP

© 2024 RUYAN CORPORATE LLP