One Person Company (OPC)

---

  One Person Company (OPC) is a newly inserted concept in the Companies Act, 2013. Earlier a single person cannot incorporate a company as a minimum 2 directors and 2 members are required to incorporate a company and if a person had to establish a business then he or she should only opt for a sole proprietorship.

As per Section 2(62) of the Company’s Act 2013, a company can be formed with just 1 Director and 1 member. It is a form of a company where the compliance requirements are lesser than that of a private company. It has features of a Company and the benefits of the sole proprietorship.  

  The owner of the business is responsible to obtain registration, deduct and pay the professional tax to the concerned authority of the respective state.

  The first step is to obtain the Digital Signature Certificate of the proposed director 

Documents required for DSC are:

Aadhar Card/ PAN Card

Photo

Email

Mobile

  After receiving DSC, apply for the DIN of the proposed director in SPICe Form along with name and address proof.

Now DIN can be obtained with SPICe and need not to file DIR 3 separately.

  Afterwards, decide the name of the OPC and get it approved by submitting Form Spice+32. The name of the OPC will be in the form of “yourcompany (OPC) Private Limited”.

  In order to register your company, you need the following documents to be in order:

• The Memorandum of Association (MoA)- highlights 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 generally there are only 1 Director and a member, a nominee on behalf of such a person has to be appointed because in case something misfortune happens, 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 a 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. 

  The required documents mentioned above must be attached to the SPICe Form, SPICe-MOA and SPICe-AOA on the MCA website. Once that is done, the application process will be complete. The Registrar of Companies will then verify all the documents and forms and then approve them.