naresh@gowlikar.in
 9542641607
Logo

Naresh Gowlikar & Associates

CHARTERED ACCOUNTANTS
naresh@gowlikar.in
 9542641607

FIND WITH US


One Person Company (OPC) Registration

A One Person Company (OPC) is a revolutionary business structure introduced under the Companies Act, 2013, to empower solo entrepreneurs by providing them the benefits of a company without the complexities of managing multiple stakeholders.

This structure bridges the gap between sole proprietorships and private limited companies, offering the best of both worlds: the flexibility and autonomy of a sole proprietorship and the limited liability protection of a private limited company. OPCs are especially suitable for small businesses, startups, and solo professionals looking for a simple, scalable, and secure business framework.

Evolution of the Concept

The One Person Company concept was introduced in India through the Companies Act, 2013, inspired by similar provisions in countries like the UK, USA, and Australia. The goal was to encourage individual entrepreneurs to formalize their businesses by offering limited liability protection and enabling access to structured credit and investments.

Major Conditions for Incorporation of OPC

Incorporator & Nominee

Must be a natural person, Indian citizen, and resident of India (staying in India for at least 182 days in the preceding calendar year).

One OPC Only

A person can incorporate only one One Person Company (OPC) as per the legal regulations, ensuring that no individual is allowed to register more than one OPC at a time.

Nominee Limitation

A person can be a nominee in only one One Person Company (OPC) at a time, as per legal regulations, ensuring that an individual cannot be nominated in multiple OPCs simultaneously.

Transition Period

If a person becomes a member in another OPC as a nominee, they must comply with the eligibility condition within 180 days.

Other Provisions Related to OPC

Authorized Capital
OPC can be started with a minimum authorized capital of ₹1 lakh, but there's no mandatory paid-up capital requirement.
Mandatory Conversion
If paid-up capital exceeds ₹50 lakh or the average annual turnover exceeds ₹2 crore for three consecutive years, OPC must convert to a Private Limited Company.
Restrictions
OPC cannot be incorporated or converted under Section 8 of the Companies Act. Cannot engage in non-banking financial investment activities or invest in securities of any body corporate.
Voluntary Conversion
OPC cannot voluntarily convert into another type of company within two years from incorporation, except if it exceeds the ₹50 lakh capital or ₹2 crore turnover threshold.
Compulsory Conversion Deadline
OPC must convert to a Private or Public Company within 6 months if: Paid-up capital exceeds ₹50 lakh. Average annual turnover exceeds ₹2 crore over the preceding three consecutive financial years.

Minimum Requirements

Minimum One Director

Minimum One Nominee

NNo Minimum Capital Required

DSC of the Director

Director Shall Be an Indian Resident

Advantages

Limited Liability Protection

Separate Legal Entity

Single Ownership

Quicker Actions

Continued Existence

Registration Process

The SPICe+ form is the prescribed method for registering a One Person Company.

1

Application for Name Reservation :

  • Reserve the company's name using Part A of the SPICe+ form on the MCA portal.
  • Ensure the name complies with MCA guidelines and is unique.
2

Filing the SPICe+ Form (Part B) :

  • Fill in details regarding the Director, nominee, registered office address, and proposed business activities.
  • Affix the Digital Signature Certificate (DSC) of the Director.
3

Submission of Nominee Consent (Form INC-3) :

  • File Form INC-3 with details and consent from the nominee. This is a mandatory requirement for OPC registration.
4

Document Submission and Verification :

  • Upload all required documents and forms on the MCA portal.
5

Certificate of Incorporation Issuance :

  • Upon successful verification, the Registrar of Companies (ROC) issues the Certificate of Incorporation, along with the company’s PAN and TAN.

Documents Required

To facilitate a seamless registration process, please ensure that the necessary documents are readily available.

Passport-size Photograph of the sole owner.

Director Identification Number

Digital Signature Certificate.

PAN Card

Passport / Voter ID / Aadhaar Card / Driving License

Bank Statement / Electricity Bill / Telephone Bill / Mobile Bill.

NOC from Landlord, Lease Agreement, and Utility Bill.

NOC from Owner, Property Title Deed, and Utility Bill.

Nominee Details: Identity proof, address proof, and consent from the nominee

Passport-size Photograph of the sole owner.

Director Identification Number

Digital Signature Certificate.

PAN Card

Passport / Voter ID / Aadhaar Card / Driving License

Bank Statement / Electricity Bill / Telephone Bill / Mobile Bill.

NOC from Landlord, Lease Agreement, and Utility Bill.

NOC from Owner, Property Title Deed, and Utility Bill.

Nominee Details: Identity proof, address proof, and consent from the nominee

Passport-size Photograph of the sole owner.

Director Identification Number

Digital Signature Certificate.

PAN Card

Passport / Voter ID / Aadhaar Card / Driving License

Bank Statement / Electricity Bill / Telephone Bill / Mobile Bill.

NOC from Landlord, Lease Agreement, and Utility Bill.

NOC from Owner, Property Title Deed, and Utility Bill.

Nominee Details: Identity proof, address proof, and consent from the nominee

Passport-size Photograph of the sole owner.

Director Identification Number

Digital Signature Certificate.

PAN Card

Passport / Voter ID / Aadhaar Card / Driving License

Bank Statement / Electricity Bill / Telephone Bill / Mobile Bill.

NOC from Landlord, Lease Agreement, and Utility Bill.

NOC from Owner, Property Title Deed, and Utility Bill.

Nominee Details: Identity proof, address proof, and consent from the nominee

Post-Incorporation Compliance

Registering a Private Limited Company ensures

  • Current Bank Account : Open a bank account in the name of the OPC.
  • GST Registration (if applicable) : Mandatory for businesses crossing the prescribed turnover threshold.
  • Annual Compliance : File annual returns and financial statements with the ROC.
  • Conversion to Private Limited Company : An OPC can be converted to a Private Limited Company if its paid-up share capital exceeds ₹50 lakh or its turnover exceed ₹2 crore.

Start Your One Person Company Registration Today!

Simplify your entrepreneurial journey with expert guidance. Ensure seamless compliance and enjoy the advantages of running your own legally recognized business.

Copright@2024

CA Naresh Gowlikar & Company.

All Rights Reserved.

Disclaimer | Privacy Policy


Developed by HanviTec Solutions