One Person Company (OPC) is a unique business structure introduced in India to provide solo entrepreneurs with the benefits of limited liability while allowing them to operate as a single-person entity. In this article, we will explore the procedure for registering an OPC in India, its advantages, and the key requirements involved.
Understanding One Person Company (OPC):
An OPC is a type of private company where a single person holds the entire shareholding. It offers limited liability protection to the sole shareholder, ensuring that their personal assets remain safeguarded against business liabilities. OPCs have gained popularity among solo entrepreneurs, consultants, and professionals looking for a formal business structure with minimal compliance requirements.
Procedure for OPC Registration:
1. Digital Signature Certificate (DSC):
The first step in OPC registration is obtaining a Digital Signature Certificate (DSC) for the sole shareholder. DSC is essential for digitally signing the documents required for incorporation.
2. Director Identification Number (DIN):
The sole shareholder needs to apply for a Director Identification Number (DIN) from the Ministry of Corporate Affairs (MCA). DIN is a unique identification number allotted to individuals intending to become directors of companies.
3. Name Reservation:
The next step involves selecting a suitable name for the OPC and checking its availability on the MCA website. The chosen name should comply with the Companies Act, 2013, and reflect the nature of the business.
4. Drafting Memorandum and Articles of Association:
The sole shareholder must draft the Memorandum and Articles of Association (MOA & AOA) of the OPC. These documents outline the company's objectives, rules, and regulations governing its operations.
5. Incorporation Application:
Once the name is approved, the sole shareholder can proceed to file the incorporation application along with the necessary documents, including MOA & AOA, address proof, identity proof, and consent to act as a director.
6. Payment of Fees:
The prescribed registration fees must be paid online as per the authorized capital of the OPC.
7. Certificate of Incorporation:
Upon verification of documents and successful processing of the application, the Registrar of Companies (ROC) issues a Certificate of Incorporation, officially recognizing the OPC's existence.
8. PAN and TAN Application:
Post-incorporation, the OPC must apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) from the Income Tax Department.
9. Compliance Requirements:
After registration, the OPC must comply with various statutory requirements, such as maintaining books of accounts, conducting annual general meetings, and filing annual returns with the ROC.
Advantages of OPC Registration:
1. Limited Liability: The sole shareholder enjoys limited liability protection, ensuring that personal assets are not at risk in case of business losses.
2. Sole Ownership: OPC allows individuals to establish and manage a company on their own, retaining full control over decision-making and operations.
3. Separate Legal Entity: OPC enjoys a separate legal identity, distinct from its owner, enhancing credibility and facilitating business transactions.
4. Minimal Compliance: OPCs have relatively fewer compliance requirements compared to other corporate structures, making them ideal for small businesses and startups.
5. Perpetual Succession: OPCs enjoy perpetual succession, meaning the company continues to exist irrespective of changes in ownership or management.