OPC Registration In India – Certification Online

OPC Registration In India – Certification Online

(One Person Company) OPC registration was introduced under the Companies Act, of 2013. In India OPC is a unique entity where an individual can be the director and member at the same time of his company. He is the one who establishes and manages the company. OPC is similar to other companies such as limited liability, and perpetual existence.

Sometime before an individual can opt only for sole proprietorship a single person could not open a company only those people could open a company that has a minimum of 2 directors and two members to establish a company. After enforcement under section 2(62) of the Companies Act, 2013. A single person can also open a company along with getting all the features of the company such as limited liability, and perpetual succession.

What Is OPC Registration?

One Person Company (OPC) Registration is a separate legal entity of the OPC that gives protection to the single individual who has incorporated it. In OPC an individual can be director and member of the company at the same time. He is the only person who is liable as well as responsible for the company but not liable for all loss of the company due to limited liability & perpetual existence features of OPC under section 2(62) of the Companies Act, 2013. 

Furthermore, in a private limited company registration, a minimum of 2 directors and 2 members are required; in a public limited company registration minimum of 3 directors and 7 members are required. In the past, one single person was unable to apply for a company. features are also the same such as limited liability & perpetual existence.

Benefit Of (One Person Company) OPC Registration

Easy Incorporation

One person company registration, an individual can start an OPC without any complex paperwork along with very little compliance. Besides, OPC doesn’t require 2 directors or more; a single person can be a nominee as well as a member at the same time. In addition, no paid capital is required for its incorporation.

Entire Control In One Person

In one personal company, only a single person is required for incorporation. Where he can easily & quickly make a decision and implement it for the company’s growth without any conflict among opinions.

Small-scale Industries Benefits

In OPC where an individual can obtain all those benefits that are provided for small-scale industries such as Loans at lower rates, less compliance, easy funding, etc.

Ease In Funding

The One Person company can also be turned into a private company. OPC can easily get funds through financial institutions, any other investors, capital ventures, etc.

Greater Credibility

As you know OPC is owned by a single person. So that the owner’s accounts are audited annually & ensure that he is not doing illegal activities.

What Are The Features Of One Person Company?

OPC Company Registration Features in India are given below:

Perpetual Existence

In an OPC company, a single person is the owner of the company as you are aware. But in case the owner passed away then the nominee would be the owner of the company.

Limited Liability And Separate Legal Entity From Its Member

In One Person Company, the owner is liable for limited liability. Furthermore, OPC has a separate legal entity from its members. Member is being protected by Companies Act, 2013 in case the creditor sues a member then the member is not liable for all loss of the company he is only liable for his limited shares. Creditors only can sue a company, not the director or member for the company’s debt. 

Sole Director And Shareholder

In OPC, Only a single member is required, that’s why he is the only one who is a director as well as a shareholder. Furthermore, he is liable to manage the company. There is no requirement for any independent or executive director in this type of company. Hence, a single member is needed for OPC.

Nominee

In OPC, another person’s name is also mentioned in the Memorandum of Association. If in case OPC’s owner passes away or is unable to run the business then the nominee will take the place of the owner. Additionally, During the incorporation of the OPC, the written consent of this nominee will be filed with the registrar of companies along with the company AOA and MOA.

What Are The Eligibility Criteria For OPC Registration?

OPC (One Person Company) Registration Online Eligibility Criteria are given Below:

  • Only One director is needed.
  • An individual cannot incorporate more than 1 OPC.
  • In (One Person Company) OPC registration, only one nominee is required.
  • A natural person who is a resident of India Can form an OPC.
  • A unique name is required for a company that is not already taken by others.
  • In OPC the threshold limit of paid-up capital is Rs. 50 lakhs. And the average turnover is Rs. 2 Crores. However, as per the latest budget now, there is no restriction on paid-up capital and OPC company turnover limit.

List Of Documents Required For One Person Company Registration

We have to prepare the following One Person Company Registration Documents which are required to be submitted to the ROC:

  • The Memorandum of Association (MoA) which are the objects to be followed by the Company or stating the business for which the company is going to be incorporated.
  • The Articles of the Association (AoA) lays down the by-laws on which the company will operate.
  • Since there are only 1 Director and a member, a nominee on behalf of such a person has to be appointed because in case he becomes incapacitated or dies and cannot perform his duties the nominee will perform on behalf of the director and take his place. His consent in Form INC – 3 will be taken along with his PAN card and Aadhar Card.
  • Proof of the Registered office of the proposed Company along with the proof of ownership and an NOC from the owner.
  • Declaration and Consent of the proposed Director of Form INC -9 and DIR – 2 respectively.
  • A declaration by the professional certifying that all compliances have been made.

What Is The Cost Of OPC Registration?

  1. OPC (One Person Company) registration govt fees initiate approximately INR 700.
  2. The professional fee varies in the range of Rs. 5000 – Rs. 15,000 

What Is The Procedure For The Registration Of One Person Company?

The OPC Registration process contains various steps which are given below:

Apply For DSC

The first step is to obtain a Digital Signature Certificate (DSC) from the director which is required for registration.

Apply For Din

Once the DSC is made the director has to apply for a Director Identification Number (DIN) of the proposed director in SPICe+ form along with the director’s name and address proof. The DIR-3 form option is also given which needs to be fulfilled by existing companies. 

Name Approval Application

OPC company names should be in an appropriate form such as ABC(OPC) Private Limited. It is also mandated which name has opted for the company must be available.

While submitting the SPICe+ form you need to mention your company name. If the application name is available then the authority will approve your application. If it is not available authority will reject your application afterward you need to submit another application form with another name of the company. Further, we will go for the next step.

OPC Registration Documents

All applicants must attach all required documents in the SPICe+ form for the One Person Company registration in India.

Filling Of Forms With MCA

Once you gather all required documents for OPC registration you need to attach those documents with the SPICe+ form, SPICe- AOA, and SPICe-MOA, along with the DSC of the director must be submitted on the MCA site for approval. Furthermore, The PAN card number and TAN are automatically generated at the time of incorporation. So you do not need to apply separately.

Issue Of The Certificate Of Incorporation

Once the verification of the application. The Registrar of Companies (ROC) will grant the Certificate of Incorporation. Then the applicant can commence the business.

What Are The Restrictions Of One Person Company?

The OPC cannot engage in Non-Banking Financial Investment operations, such as investing in corporate securities. It cannot be turned into a charity corporation under Section 8 of the Companies Act of 2013.

What Is The Ie Certificate Procedure Of OPC Registration?

Every aspect of One Person company registration is a specialty for our IE certificate team. We’ll help you out step by step. Our staff won’t allow you to feel uncomfortable during challenging operations. The IE Certificate team will assist you with registering your business as quickly as possible and will guarantee its growth while managing all One personal company registration procedures, allowing you to concentrate solely on the growth of your enterprise.

Frequently Asked Questions

What Is The Full Form Of OPC?

The full form of OPC is “One Person Company”.

What Is (OPC) One Person Company?

It’s defined under section 2(62) of the Companies Act, 2013. A company that is incorporated and managed by a single person. Where an individual is a director and member at the same time.

Who Is Eligible To Become A Member Of OPC Company?

Only a natural person who is an Indian citizen and resident in India shall be eligible to act as a member and nominee of an OPC.

Is OPC A Public Or Private Company?

As you know OPC has only one member who incorporates & makes decisions for the company. But in a private limited company where 2 or more members and directors are required to incorporate a company.

Also know about other certifications in India:

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