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Want To Register One Person Company?

Mylegal Route Is The Answer.

Online OPC Registration starts at
Rs.9999/-

Pricing

Rs.9999

(Govt fees and all expenses included-No Extra Charges), Payment Terms: Pay 50% Advance & 50% at the time of final form submission to Registrar.

Basic

  • 1 DSC
  • 1 DIN
  • 0-1 Lakh Authorised Capital
  • Company Name Search Assistant
  • Company Name Approval
  • Certificate of Incorporation (COI)
  • PAN of Company
  • TAN of Company
  • MOA of Company
  • AOA of Company
  • Company Master Data
  • Incorporation kit
  • Bank A/c Opening Support
  • Bank A/c Opening Resolution
  • 10+ Document Formats
  • Share Certificate
  • Statutory Register
  • Minutes of First Board Meeting
  • Appointment of First Auditor
  • Udyog Aadhar (MSME) Registration
  • ISO 9001:2015 Certificate
  • Govt Fees and Expenses includes
  • Extra Stamp Duty for Kerala, Punjab & MP
  • Commencement of Business
  • GST Registration
  • Trademark Filing Application
  • Startup India Registration
  • Import Export Code (IEC)
Rs.19999

(Govt fees and all expenses included-No Extra Charges), Payment Terms: Pay 50% Advance & 50% at the time of final form submission to Registrar.

Standard

  • 1 DSC
  • 1 DIN
  • 0-1 Lakh Authorised Capital
  • Company Name Search Assistant
  • Company Name Approval
  • Certificate of Incorporation (COI)
  • PAN of Company
  • TAN of Company
  • MOA of Company
  • AOA of Company
  • Company Master Data
  • Incorporation kit
  • Bank A/c Opening Support
  • Bank A/c Opening Resolution
  • 10+ Document Formats
  • Share Certificate
  • Statutory Register
  • Minutes of First Board Meeting
  • Appointment of First Auditor
  • Udyog Aadhar (MSME) Registration
  • ISO 9001:2015 Certificate
  • Govt Fees and Expenses includes
  • Extra Stamp Duty for Kerala, Punjab & MP
  • Commencement of Business
  • GST Registration
  • Trademark Filing Application
  • Startup India Registration
  • Import Export Code (IEC)
Rs.29999

(Govt fees and all expenses included-No Extra Charges), Payment Terms: Pay 50% Advance & 50% at the time of final form submission to Registrar.

Premium

  • 1 DSC
  • 1 DIN
  • 0-1 Lakh Authorised Capital
  • Company Name Search Assistant
  • Company Name Approval
  • Certificate of Incorporation (COI)
  • PAN of Company
  • TAN of Company
  • MOA of Company
  • AOA of Company
  • Company Master Data
  • Incorporation kit
  • Bank A/c Opening Support
  • Bank A/c Opening Resolution
  • 10+ Document Formats
  • Share Certificate
  • Statutory Register
  • Minutes of First Board Meeting
  • Appointment of First Auditor
  • Udyog Aadhar (MSME) Registration
  • ISO 9001:2015 Certificate
  • Govt Fees and Expenses includes
  • Extra Stamp Duty for Kerala, Punjab & MP
  • Commencement of Business
  • GST Registration
  • Trademark Filing Application
  • Startup India Registration
  • Import Export Code (IEC)

ABOUT ONE PERSON COMPANY

Under section 2(62) of companies act 2013 a new concept was introduced and that was one person company which has only one person as a member. One Person Company is a separate legal entity from its promoter, offering limited liability protection to its sole shareholder, while having continuity of business and being easy to incorporate.

One Person Company must be converted into a Private Limited Company if it crosses an annual turnover of Rs.2 crores and must file audited financial statements with the Ministry of Corporate Affairs at the end of each Financial Year like all types of Companies. But, OPC cannot be incorporated or converted into Section 8 Company (i.e. company with charitable objects, etc.) or carry out non-banking financial activities, including investment in securities of any body corporate.

An Indian resident (i.e. have stayed in India for at least 182 days during the immediately preceding FY) can incorporate OPC. However, one of such person cannot form more than one OPC.

Key Features of OPC

Single Member

As the name suggests, an OPC can have only one member or shareholder. This member has the authority to make decisions for the company.

Limited Liability

One of the primary advantages of opting for an OPC is the limited liability protection it offers. This means that the personal assets of the member are not at risk in case of business debts or legal issues.

Separate Legal Entity

An OPC is considered a distinct legal entity, separate from its owner. This separation ensures that the company can enter into contracts, acquire assets, and incur liabilities in its own name.

Nominee Director

While there is only one natural person as a member, an OPC must have a nominee director mentioned in its constitution. This nominee would take charge in case the original member becomes incapacitated or deceased.

Conversion to Private Limited Company

As the business grows, an OPC has the option to convert into a private limited company by filing the necessary documents with the regulatory authorities.

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.

Advantages

Separate Legal Entity

OPC is a separate legal entity and capable of doing everything that an entrepreneur would do.

Easy Funding

OPC can raise funds through venture capital, financial institutions, angel investors, etc. An OPC can raise funds thus graduating itself to a private limited company.

More Opportunities, Limited Liability

One of the advantages of One Person Company is that it has more opportunities, limited liability since the liability of the OPC is limited to the extent of the value of the share you hold, the individual could take more risk in business without affecting or suffering the loss of personal assets. It is the encouragement to new, young and innovative start-ups.

Benefits

An OPC can avail the various benefits provided to Small Scale Industries like the lower rate of Interest on loans, easy funding from the bank without depositing any security to a certain limit, manifold benefits under Foreign Trade policy and others. All these benefits can be boon to any business in initial years.

Taxation

Any remuneration paid to the director will be allowed as deduction as per income tax law, unlike proprietorship. Other benefits of presumptive taxation are also available subject to income tax act.

Credit Rating

The OPC with bad credit rating may even get the loan. The credit rating of OPC will not be material if the rating of OPC is as per norms.

Minimum Requirements

  • Minimum 1 Shareholder
  • Minimum 1 Director
  • The director and shareholder can be the same person
  • Minimum 1 Nominee
  • Letters ‘OPC’ to be suffixed with the name of OPCs to distinguish it from other companies.

DOCUMENTS REQUIRED FOR REGISTRATION

  • Copy of PAN Card : A Permanent Account Number (PAN) is a unique alphanumeric identifier issued by the Income Tax Department of India to individuals, companies, firms, and other entities. It serves as a primary key to store financial information in a computer database.
  • Passport-sized Photograph : Recent color photograph of the director. A passport size photo is a small photograph typically used for official documents such as passports, visas, identity cards, and various application forms.
  • Copy of Aadhar Card or Voter ID : Address proof for the director. The Aadhaar card is a government-issued unique identification document that serves as proof of identity and address for residents of India. It is issued by the Unique Identification Authority of India (UIDAI).
  • Copy of Utility Bill : Recent utility bill such as electricity, water, or gas bill as proof of the registered office address. A utility bill is a statement of charges for services provided to a customer by a utility company. Utility bills typically include charges for services such as electricity, water, gas, sewer, trash collection, and sometimes telecommunications services like phone or internet.
  • No Objection Certificate (NOC) : If the property is rented, a NOC from the landlord along with a copy of the rental agreement is required. A No Objection Certificate (NOC) is an official document issued by an organization, individual, or authority to certify that they have no objection to the actions or decisions of another party.
  • In many jurisdictions, details of the company's registered office address are publicly available through government registries or online databases. These records provide transparency and enable stakeholders to verify the company's registered office address.
  • Digital Signature Certificate (DSC) : DIN for the proposed director, obtained through an online application.
  • A Digital Signature Certificate (DSC) is a digital equivalent of a physical or paper certificate that is used for authentication purposes in online transactions or digital communications.
  • A DSC is used to authenticate the identity of the sender or signatory in electronic transactions. It confirms that the electronic document or message has been digitally signed by the authorized person or entity.
  • Digital Signature Certificates are issued by Certifying Authorities (CAs) accredited by the Controller of Certifying Authorities (CCA) under the Information Technology Act, 2000 in India.
  • A Digital Signature Certificate is valid for a specified period, typically ranging from one to three years, after which it needs to be renewed.
  • Name Reservation Documents : Name reservation documents typically refer to the official documents or certificates issued by a government authority or regulatory body that confirm the reservation of a specific name for a business, organization, or entity.
  • Application for Name Reservation: : Form specifying the proposed name for the OPC.In many jurisdictions, it is a legal requirement to reserve a name before registering a business or company. This process helps prevent confusion among consumers and ensures that each entity has a unique identifier.

Registered Office Proof

  • Register office of all companies must be in India .If it is a Rented Property, Rent agreement and NOC from a landlord. If it is a Self-owned Property, Electricity bill or any other address proof.
  • Documents submitted must be valid and not more than 2 month old.

Process

FORM SPICE (INC-32) MOA (INC-33), AOA (INC-34), AGILE

Form INC-32 must be accompanied by supporting documents including details of Directors & subscribers, affidavits, declarations, identity proof, address proof, MoA and AoA etc. Once the eForm is filed, its processed by the MCA’s Central Processing Centre.
If found complete company would be registered and CIN would be allocated. Also DINs gets issued to the proposed Directors who do not have a valid DIN. Maximum three Directors are allowed for using this integrated form for filing application of allotment of DIN while incorporating a company. Once all the 4 forms ready with the applicant, upload all three documents as Linked form on MCA website and make the payment of the same.

  • In respect of non-individual first subscribers who are based outside India, pdf attachments of apostilled MOA and AOA shall be attached with SPICe (INC-32).
  • SPICe AoA (INC-34) has facility for adding, modifying, and deleting Articles. Thus if additional article is required, we may add the same
  • DSC is mandatory for all subscribers and witnesses in eMoA (INC-33) and eAoA (INC-34). eMoA and eAoA shall be used only where the maximum number of subscribers do not exceed 7. In case the numbers of subscribers are more than 7, MoA and AoA shall be attached manually to SPICe and DSC is not mandatory in such cases.
  • Two resubmissions are only permitted in the e-form
  • SPICe eMoA and eAoA have to be uploaded as ‘Linked Forms’ to SPICe (INC-32).
  • The Ministry of Corporate Affairs (MCA) has notified an E-form known as AGILE – Application for Registration of the Goods and Services Tax Identification Number (GSTIN), Employees’ State Insurance Corporation (ESIC) registration and Employees Provident Fund Organization (EPFO) registration.
  • GSTIN Application via E-form AGILE and Mandatory to file INC-35 while submitting SPICe form.
  • It is mandatory to apply for PAN and TAN for the proposed company along with SPICe form.

Frequently Asked Questions

Only a natural person who is an Indian citizen and resident in India shall be eligible to act as a member and nominee of an OPC.
For the above purpose, the term “resident in India” means a person who has stayed in India for a period of not less than one hundred and eighty-two days during the immediately preceding one financial year.

A person can be a member of only one OPC.

There is no specific tax advantage to an OPC over any other form. The tax rate is flat 30%, other tax provisions like MAT & Dividend Distribution Tax applies as they apply to any other form of company.

In case the paid-up share capital of an OPC exceeds fifty lakh rupees or its average annual turnover of immediately preceding three consecutive financial years exceeds two crore rupees, then the OPC has to mandatorily convert itself into a private or public company.

The basic mandatory compliance are:-

  • Atleast one Board Meeting in each half of calendar year and time gap between the two Board Meetings should not be less than 90 days.
  • Maintenance of proper books of accounts.
  • Statutory audit of Financial Statements.
  • Filing of business income tax return every year before 30th September .
  • Filing of Financial Statements in Form AOC-4 and ROC Annual return in Form MGT 7.

A minor shall not eligible becoming a member

  • Foreign citizen
  • Non Resident
  • Any person incapacitated by contract.

  • Mandatory Conversion of One Person Company (OPC) to Private Limited Company (PLC) is required in case a One Person Company meets certain parameters, like:
  • Effective date of increase in the paid-up share capital of a One Person Capital beyond rupees fifty lakhs, AND
  • An increase of average annual turnover during the period of immediately preceding three consecutive financial years is beyond rupees two crores.
  • In the above case, the One Person Company shall be mandatorily required to convert itself into either a private or a public company Within a Period of Six Months. In this article, we also look at the procedure for conversion of one Person Company into a private limited company or limited company.
  • Voluntary Conversion of OPC to Private Limited Company:
  • When a One Person Company gets incorporated, it cannot convert itself to Private or Public company before two years from the date of incorporation.
    • If the time period has elapsed and two years time period is over, a One Person Company can apply for converting itself to Private Limited Company or Public limited company.
    • The Conversion process should be done as per the rules and regulations laid down by the Companies Act, 2013 under Section 18, and Rule 7(4) of the Companies (Incorporation) Rules, 2014.
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