Description
ONE PERSON Company(OPC Pvt Ltd)
Online OPC Registration in India – Section 2(62) of Companies Act defines a one-person company as a company that has only one person as to its member. Furthermore, members of a company are nothing but subscribers to its memorandum of association, or its shareholders. So, an OPC is effectively a company that has only one shareholder as its member.
Such companies are generally created when there is only one founder/promoter for the business. Entrepreneurs whose businesses lie in early stages prefer to create OPCs instead of sole proprietorship business because of the several advantages that OPCs offer.
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Advantages of ONE PERSON Company
Private company – Section 3(1)(c) of the Companies Act says that a single person can form a company for any lawful purpose. It further describes OPCs as private companies.
Single-member – OPCs can have only one member or shareholder, unlike other private companies.
Nominee – A unique feature of OPCs that separates it from other kinds of companies is that the sole member of the company has to mention a nominee while registering the company.
No perpetual succession – Since there is only one member in an OPC, his death will result in the nominee choosing or rejecting to become its sole member. This does not happen in other companies as they follow the concept of perpetual succession.
Minimum one director – OPCs need to have minimum one person (the member) as director. They can have a maximum of 15 directors.
No minimum paid-up share capital – Companies Act, 2013 has not prescribed any amount as minimum paid-up capital for OPCs.
Special privileges – OPCs enjoy several privileges and exemptions under the Companies Act that other kinds of companies do not possess.
ONE PERSON Company Compliance
Appointment of Auditor – Auditor will be appointed for the 5 (Five) years and form ADT-1 will be filed for 5-year appointment. The first Auditor will be appointed within one month from the date of incorporation of the Company.
Statutory Audit of Accounts – Every Company shall prepare its Accounts and get the same audited by a Chartered Accountant at the end of the Financial Year compulsorily. The Auditor shall provide an Audit Report and the Audited Financial Statements for the purpose of filing it with the Registrar.
Filing of Annual Return (Form MGT-7) – Every Private Limited Company is required to file its Annual Return within 60 days of holding of Annual General Meeting. Annual Return will be for the period 1st April to 31st March.
Filing of Financial Statements – Every Private Limited Company is required to file its Balance Sheet along with statement of Profit and Loss Account and Director Report in this form within 30 days of holding of Annual General Meeting.
Annual General Meeting – It is mandatory for every Private Limited Company Company to hold an AGM in every Calendar Year. Companies are required to hold their AGM within a period of six months, from the date of closing of the Financial Year.
Preparation of Directors’ Report – Directors’ Report will be prepared with a mention of all the information required under Section 134.
GST Return Filing – GST Return Filing are mandatory returns for all companies who obtain GST Registration. GST Returns are filed on monthly, quarterly & annually basis.
Income Tax Return – Income tax return of a company must be filed irrespective of income, profit or loss. Hence, even dormant companies with no transactions are required to file income tax return each year.
TDS Return Filing – TDS Return is also required to be filed by the pvt ltd companies who have TAN Number and are also required to deduct tax at source as per TDS Rules.
Register now for Online OPC Registration in India, we provide best quality service in affordable price.
How It's Done
- Purchase of Plan
- Registration of Digital Signature Certificate
- Company Name Reservation with RUN
- Filing of e-Forms with ROC
- Receipt of Incorporation Certificate
Minimum Requirements
- 1 Shareholder
- 1 Director
- 1 Nominee
- Minimum 1 Lac Share Capital
- DIN for the Director
Package Includes
- Class 3 Digital Signature*
- 1 Director Identification Number
- 1 RUN Name Approval*
- 1 Lakh Authorized Capital
- Incorporation Fee
- Stamp Duty*
- Incorporation Certificate
- Apply for PAN Card
- TAN Registration
- Share Certificates
- Commencement of Business
- Assistance
*
- Class 3 Digital Signature – with 2 year validity on secure USB token.
- 1 RUN Name Approval – Upto 4 name options can be given in 1 RUN name approval request. If rejected, fee will applicable again of Rs.2000.
- Stamp Duty – Included only for Dadra And Nagar Haveli, Delhi, Haryana, Himachal Pradesh, Jammu And Kashmir, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim & Tripura. For all others states & union territories stamp duty will be chargeable extra.
Frequently Asked Questions
Once a Company is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of upto 20 years.
Authorized capital of a Company is the amount of shares a company can issue to it shareholders. Companies have to pay the Government an authorized capital fee to issue shares in a Company. Companies have to pay authorized capital fee for a minimum of Rs.1 lakh.
A lot of people considering an Online OPC Registration in India go with the private limited company structure because it is mandatory to convert an OPC to a private or public limited company if turnover is over Rs. 2 crore or paid up capital is over 50 Lakhs.
To incorporate a One Person Company, a Director and a nominee is required. A nominee member is one, who shall, in the event of promoter member`s death or incapacitation become a member of the Company.
An address in India where the registered office of the One Person Company will be situated is required. The premises can be a commercial/industrial/residential where communication from the MCA will be received.
Only a natural person who is an Indian citizen and a resident in India is eligible to incorporate a One Person Company or be a nominee member. The Director or Nominee must also be over 18 years of age. A person can incorporate upto five One Person Companies.
1) An OPC limited by shares must comply with following requirements :
- Must have a minimum [paid up share capital of INR 1 Lac.
- Shares will not be allowed to be transferred to anyone else.
- An OPC is prohibited from giving any invitations to public to subscribe for the securities of the company.
2) When an OPC limited by shares or by guarantee enters into a contract with the sole member of the company, who is also the director of the company, the terms of contract or offer must be recorded in writing or contained in a memorandum or recorded in the minutes of the Board meeting held next after entering into the contact.
3) An OPC must inform the Registrar about every contract entered into by the company with the sole member of the company within a period of fifteen days from the date of approval.
To incorporate a One Person Company quickly, make sure the proposed name of the Company is very unique. Names that are similar to an existing company / limited liability partnership/trademark can be rejected and additional time will be required for resubmission of names.
Other Entity Registrations
Difference Type
- Recommended For
- Ease of Investment
- Limited Liability Protection
- Tax Advantages
- Perpetual Existence
- Statutory Compliances
Limited Liability Partnership
- Professional Service Firms
- Possible, but unlikely
- Yes
- Most efficient
- Yes
- Low
Private Limited Company
- Start-Ups & Growing Businesses
- Very Easy to Accommodate
- Yes
- Few Benefits
- Yes
- High
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