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One Person Company

What is a One Person Company?

One Person Company or "OPC" is a kind of private limited company which is registered under the Companies Act, 2013. It can be registered with a single person who acts both as the director as well as shareholder of the company. OPC company use "opc private limited" or "opc pvt ltd" at the end of their company name because it is a private company owned by single person.

Earlier in a private limited company, a minimum of 2 directors and 2 members were required. A single person could not form a private company. But a new concept of OPC was introduced as per Section 2(62) in the Company's Act 2013 where a single person can form a private limited company.

Benefits of One Person Company registration

1. Limited Liability:

  • It helps in protecting personal assets of the owners with limited liability protection. So if there are any financial issues with the company, the assets of the director are secured and could not be seized by banks or departments.
  • 2. Credibility:

  • As OPC is a private limited company, it has higher credibility than traditional proprietorship firms. Unlike Sole Proprietorship, the Certificate of Incorporation is issued to One Person Company.
  • 3. Continuous Existence:

  • Unlike proprietorship, where the firm comes to an end with any mishappening with the proprietor, One Person Company continues to exist as it is passed on to the nominee director.
  • 4. Separate Legal Entity:

  • An OPC is a private legal entity in its own right and hence the business owners aren’t subject to any personal liability. The company can acquire assets and incur debts on its own name.
  • 5. NRIs can register OPC:

  • As per the amendment in the Union Budget 2021-22, One Person Companies can be incorporated by non-resident Indians. A person who has stayed in India for a minimum period of 120 days immediately preceding the financial year can register an OPC.
  • Process of One Person Company registration

    Document Required for One Person Company registration

    For incorporating your business as a One Person Company, you need to provide proper identity and address proof. The documents are required to be submitted to the Registrar of Companies.

    • Passport size photographs
    • Copy of Aadhar Card or Voter ID
    • Copy of PAN Card
    • Copy of Bank Statement (not older than two months)
    • Valid address proof of office which can be the latest electricity or any other utility bill
    • If it is a rented office, then No Objection Certificate is required from the owner of the property.

    Documents you'll get after OPC registration

    Post incorporation of one person company, you'll receive the following documents:

    • Certificate of Incorporation
    • Permanent Account Number (PAN) of the company
    • Tax Deduction or Collection Account Number (TAN) of the company
    • Articles of Association (AoA)
    • Memorandum of Association (MoA)
    • Director Identification Number (DIN)
    • Digital Signature Certificate (DSC)
    • EPF and ESIC registration documents
    • Company Master data

    Frequently Asked Questions (FAQs)

    • One Person Company (OPC): It has only one shareholder, limited liability, and no requirement for appointing a minimum number of directors.
    • Limited Liability Partnership (LLP): It has two or more partners, each with limited liability for their own actions and the actions of those they supervise.
    • Private Limited Company (Pvt Ltd): It requires a minimum of two shareholders and two directors, offering limited liability and the ability to raise funds through share issuance.

    OPC must comply with the following rules:

    • The owner must be an Indian citizen and resident in India.
    • It cannot have more than one shareholder.
    • The minimum authorized capital is not applicable.
    • It must add One Person Company to its name to distinguish it from other types of companies.

    Yes, OPC can have directors, but it must have a minimum of one director at all times. The sole shareholder is also the director by default.

    OPC is a type of private company. It has all the features of a private company with the exception that it can have only one shareholder.

    To register an OPC company in India, follow these steps:

    • Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN) for the proposed director.
    • Choose a suitable name for the company, adhering to the naming guidelines.
    • Prepare the necessary documents, including MOA, AOA, and address proofs.
    • File the application for OPC registration with the Registrar of Companies (ROC).
    • Pay the required registration fees and stamp duty.
    • Once approved, the ROC will issue a Certificate of Incorporation, and the company will be officially registered.