How to get One Person Company Registration?

Legal Services
Posted by Aalia Singh
2
Jun 20, 2020
792 Views

One Person Company registration is a forward-thinking concept that promotes the Incorporation of micro-businesses with persons having entrepreneurial dreams but has limited time, resources, or means to execute the business plan. It is the combination of Sole proprietorship and standard company, where the OPC  would enjoy the best of two worlds.

OPC Registration

What is One Person Company?

Under Section 2(62) of Companies Act, One Person Company is defined as a business operated by an individual who is both a shareholder as well as a director at the same time.

The One Person Company is appropriate for a small business that has an average turnover of INR 2 Crores, and the maximum amount of capital is limited to INR 50 Lakhs. One Person Company can have more than one director and must be an Indian Resident. 

Who is allowed to go for One Person Company Registration?

Only Indian residents are allowed to register  One Person Company. Besides, only one entity is allowed to be set up by the Ministry of Corporate Affairs.

What are the benefits of the One Person Company Registration?

OPC Registration

  1. Limited liability: The director's personal property is always safe, no matter the debts of the business.
  2. Continuous existence: OPC has a separate legal identity. In case of the death of the owner, the Company would pass on to the nominee director.
  3. Greater credibility: OPC is more trusted among vendors and lending institutions.
  4. Easy funding:  It is easy for OPC to raise funds using venture capital.

What is the Eligibility Criterion for One Person Company Registration?

The eligibility criteria are:

  1. Citizen of India;
  2. Can incorporate one-person Company;
  3. Can be a nominee for the member of the Company
  4. Should be staying in India for at least 182 days from the previous year.
  5. If the turnover exceeds Rs 2 crores, OPC has to be turned into a Private Limited Company within six months. 

What are the documents obligatory for One Person Company Registration?

Documents to be given by the director

  1. Scanned copy of PAN;
  2. Scanned copy of Voter ID or Driver's License;
  3. Scanned copy of Current Bank Account Statement or Mobile Invoice or Electricity bill;
  4. Scanned passport-sized photo.

Documents necessary for the registered office

  1. Proof of registered address;
  2. Copy of  rent agreement;
  3. No objection certificate from the landowner of concerned property;
  4. Copy of sale deed

What is the Process of One Person Company Registration?

OPC Registration

  • Apply for DSC:-

The first step to obtain the Digital Signature Certificate of the  Director requires the following:

  1. Address Proof
  2. Aadhaar card
  3. PAN
  4. Photo
  5. Email Id
  6. Contact  Number

  • Documents Required:-

To prepare the following documents which are mandatory to be submitted to the Registrar of Company:

  1. The Memorandum of Association (MoA)
  2. The Articles of the Association (AoA)
  3. There are only 1 Director and a member, so it is necessary to appoint a nominee because if the owner dies and cannot perform his duties, the nominee will act on behalf of the director and take his place.
  4. Proof of the Registered Office alongside the evidence of ownership and a NOC from the owner.
  5. A declaration that all compliances have been followed.

  • Filing of Incorporation form:-

The incorporation form has to be filed along with the documents mentioned above.

  • Approval of forms by MCA:-

 Ministry of corporate affairs will verify the forms submitted and approve the forms after verification.

  • Issue of  Certificate of Incorporation:-

The Registrar of Companies (ROC) will issue a Certificate of Incorporation.

What is the One Person Company Registration Post Compliances?

Every One Person Company should follow the necessary compliances:

  1. Board meetings have to be held every six months. The time gap should not be less than 90 days;
  2. Book of accounts has to be adequately maintained;
  3. Statutory audit by Charted Accountant
  4. Income tax returns have to be file every 30th of September.

Can One Person Company Registration raise investment?


One Person Company (OPC) is a newly added concept that came into effect with the introduction of Companies Act 2013. This is the only legal structure that allows sole-person to start his Company with several concessions and rebates provided under the law.


OPC being a single-member the company, cannot raise investment through the issue of shares as 100% shareholding of OPC shall remain with single-member. Although, unlike other private limited companies, it is allowed to raise funds through the issue of debentures and loans.


Apart from several benefits and ease of running OPC, the law imposes several restrictions upon it, such as OPC is not allowed to raise capital through investment. We have discussed other such limits imposed on OPC along with its registration criteria henceforth.


What are the ways for the conversion of One Person Company Registration?

 

Conversion of OPC into Private Limited is governed by the Companies Act 2013. Converting the OPC will not affect its existing debt, liabilities, obligations, or contracts. OPC can be converted into private limited in two following ways:


  1. Voluntary: Voluntary conversion is when the owner, upon its discretion, willing to transform itself into private limited. He is not permitted to do so unless two years are expired from the incorporation date. Under voluntary conversion, OPC shall notify the registrar by filing INC-5 within 60 days of such transformation.
  2. Mandatory: Mandatory conversion is when OPC shall convert itself into private limited compulsorily in the following situations:

  • Paid-up share capital exceeds INR 50 Lakhs; or
  • Average turnover of the preceding three years exceeds INR 2 Crore

What is the Annual Compliances of One Person Company Registration?

 

Annual compliances of OPC are similar to that of private limited with slight changes in such requirements. We have enumerated the list of yearly agreement of OPC henceforth:


  1. OPC shall mandatorily conduct at least one board meeting every six months. That is minimum two board meeting shall be attended yearly with a gap between two sessions being 90 days or more
  2. Director of OPC in first Board Meeting of the financial year shall disclose his interest in other entities through form MBP-1
  3. Director shall file a declaration of his non-disqualification with the Company every year through form DIR-8
  4. However, OPC needs not to conduct AGM but is required to register financial statements through the filing of AOC-4 to ROC
  5. It shall also file an annual return in form MGT-7 within 60 days of recording the entry of ordinary resolution in its minute books

Conclusion

One Person Company is a kind of Company that can be incorporated with just one member. This makes a One Person Company Registration fees, OPC  is a type of business entity which is best for individuals who want to start a business alone. With Corpbiz, you can easily have your own One Person Company Registration in India.


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