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A One Person Company (OPC) is a type of business structure in India which allows a single entrepreneur to operate a corporate entity with limited liability protection. It combines the advantages of both sole proprietorship and a private limited company.
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One Person Company comes with its own pros and cons which is very important for decision making purposes
Process
Obtain DSC for proposed director and Nominee of the company.
Apply for DIN for the proposed directors.
Choosing a unique company name will save huge time as it will increase chances of approval by Ministry of Corporate Affairs (MCA) or one should go file RUN (Reserve Unique Name).
File the incorporation documents including MOA and AOA with the MCA.
Once after the review, the MCA might either accept or raise queries regarding your application.
Following are the Compliances that will be required
OPCs are subject to corporate tax in India. The current corporate tax rate for domestic companies is 22% without any exemptions.
An OPC is required to file annual returns and financial statements with the Ministry of Corporate Affairs (MCA).
If the company's turnover exceeds the threshold limit, it needs to register for Goods and Services Tax (GST) and comply with regular GST filings.
Annual audits by a certified Chartered Accountant are mandatory, regardless of the company’s revenue.
Following are the documents that will be required
Copies of PAN card, passport, voter ID, or driver's license of the director.
Copies of recent utility bills, bank statements, or rental agreements for the office address.
Passport-sized photographs of the director.
Lease deed or sale deed along with a NOC from the landlord.
The service package includes a comprehensive list of deliverables which includes the following.
Answered all frequently asked questions, Still confused? feel free to contact us.
No, physical presence is not required. Scanned copies of all the required documents & forms will hold good to complete the procedure online. Also, we at Taxkriya, always encourage faceless and paperless process in all our services. We also provide video/ audio call support at your convenience.
If the name availability and all the documents are in line with the registrar's expectations, within 15 days we will be able to get the approval. However, for name availability, you can avail the best support from our team of experts.
According to the procedure, Registrar of Companies (ROC) expects the applicants to follow the proper naming guidelines. And also sometimes, the approval depends and varies on the opinion of the officer verifying your application. However, for name availability, you can avail the best support from our team of experts.
Presently, there is no government fee if the authorised capital is less than Rs.15 lakhs. However, stamp duty is chargeable as per respective state government stamp duty provisions.
Every company shall file for commencement of business with Registrar within 180 days from the date of incorporation. Before that every subscribers should bring subscription capital into companies' accounts.
No. Initially, own residential or rented home address shall be used as the registered office address of the company. In case of rented property, non objection certificate from the property owner. After incorporation of OPC, this office address can be changed at any time.
Not at all. After the OPC is formed, it will remain valid till it is officially wound up. But, annual returns and other compliances has to be followed by the OPC every year.
MOA stands for Memorandum of Association and AOA stands for Articles of Association. These both are the byelaws or rules based on which signifant aspects like main business of the company or meetings is being decided. These legal documents are prepared by Company Secretaries during incorporation of the Company.
No such requirement is mandated. Once after company is registered, a bank account needs to be opened and then anytime within two months of incorporation, such amount can be deposited as capital into Company bank account.
As per the latest amendment, there is no minimum capital required for starting a private limited company.
There is no such mandatory requirement for a OPC. However, in case of Provident Fund automatic approval has been enabled during the incorporation process by the MCA. In case of GST, it is mandatory once if the revenue crosses the threshold, however we recommend applying for the same during incorporation for ease of business.
An Indian citizen or an Indian resident shall be made eligible to act as a member and nominee of an OPC.
Where a natural person, being member in One Person Company becomes a member in another OPC by virtue of his being a nominee in that OPC, then such person shall meet the eligibility criteria of being a member in only one OPC within a period of one hundred and eighty days, i.e., he/she shall withdraw his membership from either of the OPCs within one hundred and eighty days.
OPC has to be mandatorily converted into private or public limited, in case the paid up share capital of an OPC exceeds fifty lakh rupees or its turnover exceeds INR 2 crores for any 3 consecutive financial years. Subsequently, the OPC shall inform RoC in form INC-5 and it shall be filed within sixty days.
An India National (Individal), who is resident in India can only become a Shareholder or Nominee Shareholde in an OPC. Foreign Nationals, Non Resident Indians, Companies and LLPs cannot become a Shareholder or Nominee Shareholder in an OPC.
No. A minor cannot become member or nominee of the One Person Company at all. Also he cannot hold share with beneficial interest in an OPC.
An OPC is not allowed to carry Non-Banking Financial activites and and Investment in securities of other body corporates.
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