Description
A One Person Company is a separate legal entity distinct from its sole owner. Key features of an OPC include:
Single Ownership: Only one person can be the member and shareholder of the company.
Limited Liability: The owner’s liability is limited to the amount invested in the business.
Separate Legal Entity: The OPC can own property, incur debts, sue and be sued in its name.
Perpetual Succession: The company’s existence is not affected by the death or departure of the owner.
Ease of Management: Fewer compliance requirements compared to other types of companies.
DOCUMENTS REQUIRED
Documents Required
To register a One Person Company in India, the following documents are typically required:
Owner’s Documents:
- PAN Card.
- Passport (if the owner is a foreign national).
- Address Proof (Aadhaar card, voter ID, passport, or driving license).
- Residential Proof (latest bank statement, electricity bill, or phone bill not older than two months).
Nominee’s Documents:
- PAN Card.
- Passport (if the nominee is a foreign national).
- Address Proof (Aadhaar card, voter ID, passport, or driving license).
- Residential Proof (latest bank statement, electricity bill, or phone bill not older than two months).
Company Documents:
- Proof of registered office address (utility bill, rent agreement, or sale deed).
- NOC from the owner of the premises.
Additional Documents:
- Digital Signature Certificate (DSC) for the owner.
- Director Identification Number (DIN) for the owner.
- Memorandum of Association (MoA) and Articles of Association (AoA).
REGISTRATION PROCESS
The registration process for a One Person Company in India involves several steps:
- Obtain Digital Signature Certificate (DSC):
- The owner must obtain a DSC from authorized agencies.
- Obtain Director Identification Number (DIN):
- Apply for DIN by filing Form DIR-3 or through the SPICe+ form.
- File Part A of the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form to reserve the company’s name.
- Prepare the Memorandum of Association (MoA) and Articles of Association (AoA).
- Obtain the nominee’s consent in Form INC-3.
- File Part B of the SPICe+ form along with the required documents, MoA, and AoA to the MCA.
- Submit the application for PAN and TAN along with the SPICe+ form.
- Certificate of Incorporation:
- Once the MCA approves the incorporation documents, a Certificate of Incorporation is issued, confirming the company’s formation.
FAQs
Q1: What are the benefits of registering a One Person Company?
Benefits include limited liability protection, separate legal entity status, perpetual succession, ease of management, and lesser compliance requirements compared to other corporate forms.
Q2: Can the owner of an OPC be a shareholder in another company?
Yes, the owner of an OPC can be a shareholder in other companies, but they cannot incorporate more than one OPC or be a nominee in another OPC.
Q3: What happens if the sole owner of an OPC dies or becomes incapacitated?
The nominee mentioned during the incorporation process will take over the ownership and management of the OPC, ensuring continuity.
Q4: Is it mandatory to appoint a nominee for an OPC?
Yes, it is mandatory to appoint a nominee who will take over the company’s management in case of the owner’s death or incapacity.
Q5: Are annual compliance filings mandatory for an OPC?
Yes, an OPC is required to file annual returns and financial statements with the MCA, conduct board meetings, and comply with other regulatory requirements.
Q6: How long does it take to register an OPC in India?
The process typically takes around 10-15 business days, subject to the timely submission and verification of documents.