One Person Company Registration

opc one person company registration

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For a limited time period, get your OPC registration online for ₹8999, Just submit your details and our business expert will get on a call with you to explain the process

*Government Statutory fees would be charged seprately

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OPC Registration

Price: ₹ 8999/-

Company registration including Government Fee & Stamp Duty*.

Authorized Capital 1 Lack

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One Person Company Registration With Legal Biz India !

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How to Register a OPC in India?

Today, company registration process  and other regulatory filings are paperless; documents are filed electronically through the MCA website and is processed at the Central Registration Centre (CRC).

Company Registration process  is completely online. Upon completing all registration formalities, the Registrar of Companies’ issues a digitally signed Certificate of Incorporation (COI). Electronic certificates issued by the ministry can be verified by all stakeholders on the MCA website itself.

Incorporating a company  is a systematic process of collection and submission of details required as per the requirements of Companies Act 2013 and as per the process defined by the Ministry of Corporate Affairs from time to time. Management of the process requires in-depth knowledge of legal requirements and not to mention, practical experience of the same

Benefits Of OPC Registration

1.Legal status :

The OPC receives a separate legal entity status from the member. The separate legal entity of the OPC gives protection to the single individual who has incorporated it. The liability of the member is limited to his/her shares, and he/she is not personally liable for the loss of the company.  Thus, the creditors can sue the OPC and not the member or director.

2.Easy to obtain funds :

Since OPC is a private company, it is easy to go for fundraising through venture capitals, angel investors, incubators etc. The Banks and the Financial Institutions prefer to grant loans to a company rather than a proprietorship firm. Thus, it becomes easy to obtain funds.

3.Less compliance's :

The Companies Act, 2013 provides certain exemptions to the OPC with relation to compliance’s. The OPC need not prepare the cash flow statement. The company secretary need not sign the books of accounts and annual returns and be signed only by the director.

4.Easy incorporation :

It is easy to incorporate OPC as only one member and one nominee is required for its incorporation. The member can be the director also. The minimum authorised capital for incorporating OPC is Rs.1 lakh but there is no minimum paid-up capital requirement. Thus, it is easy to incorporate as compared to the other forms of company.

5.Easy to manage :

Since a single person can establish and run the OPC, it becomes easy to manage its affairs. It is easy to make decisions, and the decision-making process is quick. The ordinary and special resolutions can be passed by the member easily by entering them into the minute book and signed by the sole member. Thus, running and managing the company is easy as there won’t be any conflict or delay within the company.

6.Perpetual succession :

The OPC has the feature of perpetual succession even when there is only one member. While incorporating the OPC, the single-member needs to appoint a nominee. Upon the member’s death, the nominee will run the company in the member’s place. 

BENEFITS OF INCORPORATING AN OPC

1.No Minimum Capital

There is No minimum capital is required to form a One Person Company.  It can be registered even with Rs. 10,000 as total Authorized Share capital.

2.Separate Legal Entity

An OPC enjoys the benefit of Separate Legal Identity which clearly states that assets and liabilities of the business are not the assets and liabilities of the Directors or shareholders.

3.Limited Liability

A shareholder or the owner of a Company has a limited liability towards the company. His/her liability is limited up to the shares subscribed by him/her.

4.Minimum compliance

For the purpose of Annual filing and other compliance, One Person Company is treated as a Private Limited Company. However, it is exempted from many compliance. It does not have to hold AGM every year.

5.Builds Credibility

All the information relating to the one person company are made available in a public database. This feature makes it easy to authenticate the existence of the business that ultimately helps in improving business credibility.

6.Perpetual succession

The company keeps on existing in the eyes of law even in the case of death, insolvency, the bankruptcy of any of its member or shareholder. It continues as a legal person until it is legally dissolved.

Is there any difference between One-Person Company and Sole Proprietorship?

In an OPC a single person can run a company limited by shares and in sole proprietorship, the entity is owned by a person where there is no distinction between the owner and the business. Here is the difference between them:

1.Limited Liability

In an OPC as it is a separate legal entity the liability of the shareholder is limited to unpaid subscription money in his name. On the other hand, the liability of the sole proprietorship is such that any claims made against him will be made against the business.

2.Tax bracket

An OPC can be considered in the same Tax Bracket of taxation as the other private companies because though the OPC is incorporated under the Companies Act,2013 the concept of OPCs does not exist in the tax laws. On the contrary, the Sole proprietorships are required to file the Income-tax returns as the proprietorship and the proprietor are considered to be one under the tax law

3.Succession

A nominee is appointed by the member. The Nominee will run the Company in the event of death of the member or incapacitation. But in the case of the sole proprietorship, this can only happen by executing a will that may or may not is challenged in a court of law.

4.Compliances

An OPC registered in India has to file annual returns just like a normal company and would also need to get the accounts audited for the same. Whereas the sole proprietorship would only need to get audited under the provisions of Section 44AB of the Income Tax Act,1961 once the turnover crosses the threshold.

What Documents Will You Need To Register An OPC?

In an OPC a single person can run a company limited by shares and in sole proprietorship, the entity is owned by a person where there is no distinction between the owner and the business. Here is the difference between them:

1.Documents from Director / Shareholder /Nominee:

A. Identity Proof:

1) Permanent Account Number (PAN) Card

2) Aadhaar Card / Passport / Driving License / Voter Identity Card

B.Address Proof:

1) Telephone Bill / Mobile Bill
2) Electricity Bill / Water Bill
3) Bank Statement /Bank Passbook with latest transactions
(Any one of the Document not older than 2 months)

C. Passport size Photographs – 3 each

  • Telephone Bill / Mobile Bill/Electricity Bill / Bank Account Statement must be in the name of applicant and should not be older than 2 months

  • – If the documents are not in than English, it should be translated to English​

2.Documents to be Signed by all DIRECTOR(S):

  1. Consent to Act as Director: Form DIR-2

  2.  Details for DIN

  3. Declaration of DIN (If DIN is allotted already)

3. Documents to be Signed by Shareholder:

  1. Application for Digital Signature Certificate (DSC)

  2.  Affidavit by Subscribers & Director: INC-9​

4. Documents to be Signed by Nominee Shareholder:

  1.  Details of Nominee Shareholder

  2.  Consent by the Nomination of Shareholder – Form INC-3

5.Documents from Company / LLP / Trademark Owner, if any:

  1. 1) Board Resolution / Formal authorisation for use of Name / Trademark
    2) Authorisation for execution Documents from Company / LLP

Frequently asked questions

No. Legal Biz India provides a completely online Company Incorporation process. All legal documentation and visits are done by Legal Biz India

No. Once the company is formed, it will be valid till it is officially closed down by the owners. No renewal or fees is required. However, every year companies have to file very basic returns with ROC office.

Director Identification Number (DIN) is a unique identification number required for a person to become a director of a company. DIN is issued by ROC office (Ministry of Corporate Affairs) It is similar to a PAN Card number.DIN is to be mentioned in documents while appointing a person as a director of a company.

A digital signature is electronic signature, which is in the form of codes. It is used for signing the electronic forms, filed with ROC for incorporation of Company. Digital Signature cannot be used in physical documents.

Company name is very important part in registration of company. The company name is divided into 3 Parts: 

1) Keyword (brand name like TATA or Flipkart) 

2) Activity word (i.e. showing nature of business like Software) 

3) Business Type word (i.e. Pvt. Ltd. or LLP). For Incorporation of company, the suggested name should not match with existing companies or trademark.

MOA means Memorandum of Association and AOA means Articles of Association. These are the byelaws or rules based on which important matters like main business of the company or meetings is decided. These are standard legal documents prepared by Company Secretaries during registration of the Company.

Yes, company office address can be changed anytime after incorporation.

Capital means investment made by shareholders into the company. Authorised capital is an amount up to which company can issue shares. This capital is mentioned during incorporation of the company based on which ROC registration fees and stamp duty is paid. Paid up capital is an actual investment which goes from shareholders into company bank account, against which share certificate is issue by the company.

No. After company is registered, it needs to open a company bank account and then, capital can be deposited into Company bank account.

This is not true, a Public limited company is one of the mode of doing business, which means it can be started from scratch. For that matter even after incorporating a Public limited there is no obligation that the company must have sales or turnover.

 

There is no automatic applicability. Provident Fund (PF), GST law applicability is same for all types of businesses like sole proprietorship, partnership firms and companies. These laws are applicable only after crossing certain threshold limits.

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