- Name Approval & DSC 1-2
- Drafting MOA & AOA documents with ROC 3 -5 Days
OPC Private Limited Registration Online
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One Person Company Registration
OPC Private Limited Registration Online: A One Person Company (OPC) is a relatively new concept in India, introduced under the Companies Act, 2013. It allows a single individual to establish a company with limited liability, providing the benefits of both sole proprietorship and a corporate structure. Here’s a step-by-step guide to the registration process of an OPC in India.
OPC Private Limited Registration Online: A One Person Company (OPC) is a relatively new concept in India, introduced under the Companies Act, 2013. It allows a single individual to establish a company with limited liability, providing the benefits of both sole proprietorship and a corporate structure. Here’s a step-by-step guide to the registration process of an OPC in India.
Key Features of One Person Company
- Single Member: Only one person can be a member of the OPC.
- Limited Liability: The liability of the member is limited to the extent of their shareholding.
- Separate Legal Entity: The OPC has a distinct legal identity from its owner.
- Perpetual Succession: The OPC continues to exist irrespective of changes in membership.
Eligibility Criteria For OPC Private Limited Registration Online
1. Member:
Only a natural person who is an Indian citizen and resident in India can form an OPC.
2. Nominee:
The sole member must nominate another individual (also an Indian citizen and resident) who will become the member in case of the original member’s incapacity or death.
3. Restrictions:
An individual can form only one OPC. An OPC cannot engage in Non-Banking Financial Investment activities and cannot convert voluntarily into any other kind of company except after two years from the date of incorporation.
Documents Required for OPC Private Limited Registration Online
- Copy of pan card of director
- Copy of Aadhar card/ voter identity card of director
- Passport size photograph of directors
- Electricity /Water bill (Business Place)
- Copy of property paper (if owner property)
- Landlord NOC (format will be provided)
- Copy of rent agreement (if rented property)
- Past 3 months current bank statement of members
Procedure To Register OPC Private Limited Registration Online
Step-1: Apply for the Name Availability
You need to provide 3 different options for your company name to MCA of which one will be selected. The name provided should ideally be unique and suggestive of company business.
Step-2: Apply for DSC & DIN
All the partners have to apply for digital signature and DIN (Director Identification Number).
Step-3: Prepare for Documents
Key documents include the Memorandum of Association and Articles of Association, outlining the company’s structure and operating rules.
Step 4: Drafting MoA and AoA
- Memorandum of Association (MoA): This document outlines the main objectives for which the OPC is formed.
- Articles of Association (AoA): This document defines the internal rules and regulations governing the OPC.
Step 5: Filing Forms with ROC
- Form SPICe+ (INC-32): This integrated form is used for company incorporation and obtaining PAN and TAN. Attach the digitally signed MoA, AoA, and other required documents.
- Form INC-3: Nominee’s consent.
- Form INC-9: Declaration by the director and the subscriber to the MoA.
Step 6: Certificate of Incorporation
Upon verification of the submitted documents, the RoC issues the Certificate of Incorporation. This certificate signifies that the OPC has been legally registered and includes the Corporate Identification Number (CIN).
Post-Incorporation Compliance
- Commencement of Business: File a declaration in Form INC-20A within 180 days of incorporation to commence business.
- Board Meetings: Conduct at least one board meeting every six months.
- Statutory Registers: Maintain statutory registers such as the Register of Members, Register of Directors, and Register of Charges.
- Financial Statements and Annual Return: File financial statements and annual return with the RoC.
- Income Tax Returns: File income tax returns annually.
Annual Compliance
- Annual General Meeting (AGM): Hold an AGM within six months from the end of the financial year.
- Annual Return: File the annual return in Form MGT-7A within 60 days of holding the AGM.
- Financial Statements: File financial statements in Form AOC-4 within 30 days of holding the AGM.
Event-Based Compliance
- Change in Nominee: File Form INC-4 for any changes in the nominee.
- Change in Registered Office: File Form INC-22 for changes in the registered office.
- Increase in Share Capital: File Form SH-7 for any increase in share capital.
Financial Compliance
- Statutory Audit: Conduct a statutory audit by a Chartered Accountant.
- Tax Filings: Ensure timely filing of GST, TDS, and other tax returns.
Financial Compliance
Non-compliance with the regulatory requirements can lead to severe penalties, including fines and imprisonment. The company and its officers can be held liable for lapses, underscoring the importance of diligent compliance.
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Frequently Asked Questions
A One Person Company (OPC) is a type of company introduced under the Companies Act, 2013, allowing a single individual to own and manage a company with limited liability, while enjoying the benefits of a corporate structure.
Only a natural person who is an Indian citizen and resident in India can form an OPC. A person can be a member in only one OPC at a time.
A nominee is an individual designated by the sole member of the OPC to take over the company in case of the member’s death or incapacity. The nominee must also be an Indian citizen and resident.
- Limited Liability: The owner’s liability is limited to the extent of their shareholding.
- Separate Legal Entity: The OPC has its own legal identity, separate from its owner.
- Continuity: The OPC remains in existence regardless of changes in membership.
- Sole Ownership: A single person has full control over the business operations.
- Director Identification Number (DIN): For the proposed director.
- Digital Signature Certificate (DSC): For the proposed director.
- Identity Proof: PAN card, passport, or voter ID of the proposed director and nominee.
- Address Proof: Aadhar card, utility bill, or bank statement of the proposed director and nominee.
- Registered Office Proof: Rent agreement or sale deed along with a no-objection certificate (NOC) from the owner.
- Consent of Nominee: Nominee’s consent in Form INC-3.
- Obtain DSC and DIN: Obtain a Digital Signature Certificate and Director Identification Number for the proposed director.
- Name Approval: Submit Form SPICe+ Part A to reserve the company name.
- Draft MoA and AoA: Prepare the Memorandum of Association and Articles of Association.
- Filing Forms: Submit Form SPICe+ (INC-32) with the necessary attachments, including Form INC-3 for nominee consent.
- Certificate of Incorporation: Upon verification, the ROC issues the Certificate of Incorporation.
- Nominee’s consent in Form INC-3.
Yes, an OPC can be converted into a Private Limited Company or Public Limited Company. Voluntary conversion is allowed only after two years from the date of incorporation unless the paid-up capital exceeds Rs. 50 lakh or the annual turnover exceeds Rs. 2 crore.
- Annual General Meeting (AGM): Hold the AGM within six months from the end of the financial year.
- Annual Return: File the annual return in Form MGT-7A within 60 days of holding the AGM.
- Financial Statements: File financial statements in Form AOC-4 within 30 days of holding the AGM.
- Income Tax Returns: File income tax returns annually.
No, an OPC cannot issue shares to the public. It is meant to be owned and managed by a single person, and thus, public participation in shareholding is not allowed.
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