One-Person Company (OPC) Registration In India | Business Setup

Have a business that you have been managing on your own? Get it registered as One Person Company in India. JustStart’s legal experts can get your Online OPC Registration quickly through our hassle-free online process.

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    What Is One Person Company?

    A one person company (OPC) is a type of business entity that can be formed with just one person as its member or director. It was introduced in India under the Companies Act 2013 to encourage entrepreneurship and enable individuals to start their own business ventures without the need for a co-founder.

    In an OPC, the sole person involved in the business has limited liability and the company has a separate legal entity from its owner.

    This allows for greater flexibility in management and ownership compared to sole proprietorship, while also providing the benefits of a private limited company such as perpetual succession, separate legal entity and limited liability.

    Advantages Of One Person Company

    Limited Liability: The biggest advantage of OPC is that it provides limited liability protection to the owner. This means that the owner’s personal assets are protected from business liabilities. If the business incurs any losses or debts, the owner’s personal assets will not be at risk.

    Easy to Incorporate: The process of incorporating an OPC is relatively simple and can be done online. It requires only one person to form a company, and there is no need for additional shareholders. So, if you want to register a company as OPC then you get know easy step giude to OPC registration.

    Sole Control: The owner of an OPC has full control over the company’s operations and management, which makes decision-making faster and more efficient.

    Tax Benefits: OPCs can take advantage of tax benefits such as lower tax rates and exemptions that are available to small businesses.

    Better Access to Funding: OPCs are considered to be more credible and reliable than Sole Proprietorship Registration In India In India is also nnessacry, which makes it easier for them to obtain funding from banks and other financial institutions.

    Succession: Perpetual succession is a defining feature of OPCs, ensuring that the company will endure irrespective of the owner’s demise or incapacity.

    Eligibility Criteria of OPC Registration

    To be eligible to register an OPC in India, the following criteria must be met:

    • Only an individual who is a resident of India or an NRI can form an OPC.
    • The individual must be a natural person and not a company or any other legal entity.
    • Only one person can be a member of an OPC. However, the individual can appoint a nominee who will become a member in case of the individual’s death or incapacity.
    • The company being formed must be a private company, as per the Companies Act, 2013.
    • The OPC cannot be formed for charitable purposes or for profit in a business that involves any prohibited activity.

    Additionally, the following conditions must also be met to form an OPC:

    • The proposed director must have a valid Director Identification Number (DIN) and Digital Signature Certificate (DSC).
    • The proposed company name should be unique and not already registered with the Registrar of Companies (ROC).
    • The proposed company name should not violate any trademark or intellectual property laws.

    Once these criteria are met, the individual can proceed to register the OPC with the Ministry of Corporate Affairs and know types of company registration India.

    One Person Company Registration Process

    Obtain Digital Signature Certificate (DSC): The first step in the OPC registration process is to obtain a DSC for the proposed director and nominee. This can be done by contacting a certifying agency approved by the Ministry of Corporate Affairs.

    Obtain Director Identification Number (DIN): The next step is to obtain a DIN for the proposed director. 

    Name Reservation: The third step is to reserve a name for the OPC. This can be done by filing Form SPICe+ Part A with the Ministry of Corporate Affairs. The name must be unique and should not violate any trademark or intellectual property laws.

    Preparation of Incorporation Documents: After the name is reserved, the next step is to prepare the incorporation documents, including Memorandum of Association (MOA) and Articles of Association (AOA). The MOA and AOA should be in accordance with the Companies Act, 2013.

    Filing for Incorporation: Once the incorporation documents are prepared, the next step is to file Form SPICe+ Part B along with the required documents, including the MOA and AOA, with the Ministry of Corporate Affairs.

    Obtain Certificate of Incorporation: After the ROC verifies the documents and completes the necessary checks, it will issue a Certificate of Incorporation. This marks the completion of the OPC registration process.

    The entire OPC registration process can be completed online through the Ministry of Corporate Affairs’ website.

    Why JustStart for One Person Company Registration?

    Initiating and managing a One Person Company (OPC) is a complex endeavour, often more challenging than it appears. To ensure a seamless experience, a competent team of legal experts is indispensable. 

    With the support of skilled legal advisors, your OPC can overcome formidable legal hurdles and foster its growth through their invaluable expertise.

    Business Growth: Through our legal advice, your business will grow immensely. With the appropriate legal advice by your side, you will be able to focus on running your business as we handle your OPC’s legal issues. 

    Expert OPC Consultants: Our team is full of legal experts with a tremendous experience in handling OPCs. Once you let our team of legal consultants manage your company, you won’t have to worry about your company’s legal issues. 

    Constant Support: We offer consistent support to One Person Companies to help our clients achieve their organisational objectives. In order to help your business grow, our team will stay connected to you consistently. 

    Experience: Our team of legal consultants have unrivalled experience in getting One Person Companies registered. We have managed a great number of OPCs since our formation. If you are looking to get your OPC registered, our experience will help your company grow extensively. 



    If there is a change in the membership of an OPC, the following steps should be taken to inform the Registrar of Companies (RoC):

    • Call Board Meeting: The first step is to call a board meeting of the OPC and pass a resolution for the resignation or removal of the existing member and the appointment of a new member.
    • Prepare and File Forms: The OPC should then prepare and file the following forms with the RoC within 30 days of the change:
    • Form INC-4: This form should be filed to inform the RoC about the change in membership of the OPC.
    • Form DIR-12: This form should be filed to intimate the RoC about the appointment of the new member.
    • Update MOA and AOA: If necessary, the MOA and AOA of the OPC should be updated to reflect the change in membership.
    • Update Bank Account and Other Registrations: The OPC should also update its bank account and other registrations, such as GST, Income Tax, and others, to reflect the change in membership.
    • It is important to note that the OPC should maintain proper records of the board meeting and the resolutions passed, as well as copies of the forms filed with the RoC. Failure to inform the RoC about the change in membership of the OPC can result in penalties and legal consequences.

    No, as per the Companies Act, 2013, a person cannot be a member in more than one OPC at the same time. Section 2(62) of the Companies Act defines an OPC as a company that has only one person as a member. Therefore, an individual can form or become a member of only one OPC at a time.

    Yes, the process of registering an OPC in India can be completed online through the Ministry of Corporate Affairs (MCA) website or through a team of legal advisors authorised by the government. If you need to get your One Person Company registered online, JustStart might be the best option for you.

    As per the provisions of the Companies Act, 2013, a person who is an Indian citizen and a resident of India or a NRI can be appointed as the nominee of the member of a One Person Company (OPC). It is important to note that a nominee can be appointed only at the time of incorporation of the OPC, and the same person cannot be the nominee for more than one OPC.


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