One Person Company Registration in MCA under Companies Act 2013 | ApkaTax

One-Person Company (OPC) Registration

Get your OPC Registration quickly and effortlessly through ApkaTax without any hassle.

✅ Handling all the criteria of online OPC registration, ensuring full compliance.
✅ Providing support throughout the entire application and documentation procedure.
✅ Our services include comprehensive legal advice to obtain all the required reports.
✅ Co-ordinating with different agencies during the application process for efficient coordination.

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One Person Company Registration

Only two people could start a business before implementing the Companies Act of 2013. In India, the Companies Act of 2013 encourages the formation of One-Person Companies (OPCs). It controls the construction and operation of a one-person corporation in India. Unlike a public corporation, a private business must have at least two directors and two members; however, a one-person company registration doesn’t require a group of people to be incorporated.

Regulation Relating to OPC Registration

According to Section 262 of the Companies Act of 2013, the official registration of OPC in India is legitimate. A single director and member must represent the entire firm for a one-person company formation in India. This corporation type has very few compliance responsibilities compared to a private business.

Eligibility of OPC Registration

  • A typical person residing in India or an NRI can form an OPC.
  • An OPC can consist of only one member.
  • There must be no similarity in the name between existing companies and trademarks.
  • Individuals may NOT incorporate more than one OPC or serve as the nominated from more than one OPC.
  • A minimum of one Director is required.
  • Note: The Director and the shareholder are the same in an OPC.
  • The name of the company must copnsist (OPC) Private Limited.
  • Indicating the other person’s name as the nominee is a prerequisite. A candidate joins the OPC in the same way that the subscriber would do in the case of their death.

Benefits of OPC Registration

Legal Standing

  • The member grants the OPC registration a separate legal entity status. Its distinct legal status protects the sole person who incorporated the OPC. The member is not personally responsible for the Company’s drop; their liability is limited to the value of their shares. Therefore, the creditors may sue the OPC, not the member or Director.

Easy Access to Funding

  • One-person company registration in India can quickly raise money through venture capital, angel investors, incubators, etc. because it is a private company. Getting cash is now simple.

Less Conformity

  • One-person company registration is exempted from compliance requirements under the Companies Act of 2013. The OPC is optional to prepare the cash flow statement. The certification of Annual Return of the company from Company Secretary is not required. 

Easy Integration

  • One-person Company in India can be easily integrated without legal hassles. A member also serving as a director should provide the approval for integration. There is no minimum paid-up capital requirement.

Easy to Manage

  • Administration of the OPC can be made simple by allowing a single person to find and lead it. Making decisions is straightforward, and it happens quickly. The member can easily pass ordinary and extraordinary resolutions by writing them down in the minute’s book and getting just one member to sign them. Because there won’t be any internal disputes or delays, managing the Company will be easy.

Constant Repetition

  • The OPC functions as perpetual succession, even with only one member. A nominee must be chosen by a single member when incorporating the OPC. The candidate will take over the operation of the Company if a member passes away.

Requirement for the OPC Registration

  • The minimum and maximum membership is one.
  • Before Incorporation, a candidate should be appointed.
  • Form INC-3 should be used to get the nominee’s consent.
  • According to the Companies (Incorporation Rules) 2014 requirements, the OPC’s name must be chosen.
  • The planned Director’s DSC.
  • Latest Utility Bill as evidence of the OPC’s registered office.

Documents Required in OPC Registration

  • The Memorandum of a company (MoA) is the object that the Company must follow, or that establishes the business for which the Company will be incorporated.
  • The Articles of Association (AoA) establish the bylaws under which the Company will operate.
  • Since there is only one Director and one member, a nominee must be nominated on behalf of that person because if he becomes disabled or dies and cannot perform his duties, the nominee will act on behalf of the Director and take his place. His assent in the form INC-3 will be taken along with his PAN and Aadhar cards.
  • Latest Utility Bill as Proof of the proposed Company’s registered office, proof of ownership, and a NOC from the owner.

Process of Getting OPC Registration

The applicant must follow the OPC Registration steps enlisted below to register a one-person firm:

Step-1- To Get DSC

  • The applicant must obtain a Digital Signature Certificate (DSC) from the Certification Authority to register.

Step-2- To Get DIN

  • The Director Identification Number (DIN) is being used. The DIN and the Director’s information are applied in the SPICe Form.

Step-3- Approval of Name

  • XYZ (OPC) Private Limited will be the Company’s formal name. One name for the OPC may be requested for using SPICe, and RUN service will be utilized to confirm the availability of names (INC 32).
  • The name of the company must be applied in form SPICe Part A. 

Step-4- Incorporation of One Person Company

  • Form SPICe must be filed for the Incorporation of OPC within twenty days of the day of name approval. All necessary paperwork must be included with the SPICe form and uploaded to the MCA portal. 

Step-5- Obtaining A Certificate of Incorporation

  • If the supporting information and documentation are appropriate, the Registrar of Companies will give a Certificate of Incorporation (COI). The PAN and TAN will be generated automatically at the time of registration.

How to Incorporate an OPC?

Incorporation through SPICe (Without filling SPICe Part A)

  • Stakeholders can assist with five various services (Name Reservation, Incorporation of New Company, Allotment of TAN, Allotment of Director Identification Number (DIN), and Allotment of PAN) in one arrangement by adopting for Incorporation of an advanced company by SPICe form (INC-32), Simplified Proforma for Incorporating Company electronically (SPICe), with eAOA (INC-34), eMoA (INC-33). There is no need to reserve a name separately before filing SPICe. One word for the proposed Company can be applied through SPICe (INC-32).

Incorporation through SPICe (With SPICe Part A)

  • Name reservation:  Form SPICe Part A shall be filed with Two Unique names for name availability.
  • Incorporate OPC: After getting name approval, SPICe Forms shall be filed for Incorporation of the OPC within 20 days from SPICe Part A’s approval date.

Compliances for a One-Person Company

Specific requirements are outlined in the Companies Act of 2013 and must be satisfied by the deadlines specified. These requirements ensure transparency and good governance while securing the interests of all parties concerned, including the ROC, shareholders, directors, investors, and tax authorities. These compliances are yearly, recurrent, one-time post-incorporation, and event-based. The first type of past compliance has been widely discussed.

One Time Compliance

A one-person company must immediately comply with specific legal requirements outlined by the Companies Act of 2013 and, if necessary, secure local registrations following the state laws of the location where the OPC is conducting business. The complete list of compliances and their deadlines are shown below. For in-depth discussions, contact one of our startup advisors.

Compliance Requirement

Due Date

Appointment of First Auditor

Within 30 Days of Incorporation

Issue of Share Certificate

Within 60 Days of Incorporation

Stamp Duty Payment on Share Certificate

Within 30 Days of the Certificate Issue

Filing of INC-20A (Declaration for Business Commencement)

o   Registered Address maintenance

o   Registered office details filing

o   Current Bank Account opening

o   Entire Subscribed Capital received

Within 180 Days of Incorporation, but before commencing business

Note: The due date for Compliance Requirement 4 is a bit more complex, so we have broken it down into its parts to provide clarity.

How Can ApkaTax Assist you?

End-to-End Assistance

Expert Legal Guidance

Best in Class Client Support

We provide thorough assistance and comprehensive service for getting your OPC Registration.

ApkaTax offers comprehensive support for the OPC Registration application process, including legal assistance based on the specific priorities of our clients.

Our dedicated support team ensures that our clients stay informed about the latest guidelines and updates regarding OPC registration requirements and periodic inspections.

FAQs on OPC Registration

Register your company today
Register your company today