How to get One Person Company Registration?
One
Person Company registration is a forward-thinking concept which
promotes the Incorporation of micro-businesses with persons having
entrepreneurial dreams but has limited time, resources or means to execute the
business plan. It is the combination of Sole proprietorship and the standard company, where the OPC would enjoy the best of two worlds.
What is one person company?
Under
Section 2(62) of Companies Act, OPC
is defined as a company operated by an individual who is both a shareholder as
well as a director at the same time.
The
OPC is appropriate for a small business which has an average turnover of Rs. 2
Crores and the maximum amount of capital are limited to Rs. 50 Lac. An OPC can
have more than one director and must be an Indian Resident.
Who is allowed to go for One Person Company Registration?
Only
Indian residents are allowed to register One Person Company. Besides, only
one entity is allowed to be set up by the Ministry of Corporate Affairs.
Advantages of One Person Company Registration
·
Limited liability
The
director's personal property is always safe, no matter the debts of the
business.
·
Continuous existence
OPC
has a separate legal identity. In case of death of the owner, the Company would
pass on to the nominee director.
·
Greater credibility
OPC
is more trusted among vendors and lending institutions.
·
Easy funding
It is easy for OPC to raise funds using venture capital.
What is the Eligibility Criterion?
The
eligibility criteria are:
- Citizen of India;
- Can incorporate one-person
Company;
- Can be a nominee for the
member of the Company
- Should be staying in India
for at least 182 days from the previous year.
- If the turnover exceeds Rs
2 crores, OPC has to be turned into a Private Limited Company within six months.
Documents required for One Person Company Registration
Documents to be given by the
director
- Scanned copy of PAN;
- Scanned copy of Voter ID
or Driver's License;
- Scanned copy of Current
Bank Account Statement or Mobile Invoice or Electricity bill;
- Scanned passport-sized
photo.
Documents necessary for the
registered office
- Proof of registered
address;
- Copy of rent
agreement;
- No objection certificate
from the landowner of concerned property;
- Copy of sale deed
Process of One Person Company Registration
Fill
the SPICe+ form:
The
First Step to obtain the Digital Signature Certificate of the director is to fill up the SPICe + form, which requires the following details:
- Address Proof
- Aadhaar card
- PAN
- Photo
- Email Id
- Contact Number
Documents
Required:
We
have to prepare the following documents which are required to be submitted to
the Registrar of Company:
- The Memorandum of
Association (MoA)
- The Articles of the Association (AoA)
- There is only 1 Director
and a member so it is necessary to appoint a nominee because of the owner
dies and cannot perform his duties, the nominee will act on behalf of the
director and take his place.
- Proof of the Registered
Office along with the evidence of ownership and a NOC from the owner.
- A declaration that all
compliances have been followed.
Filing
of Incorporation form:
The
incorporation form has to be filed along with the documents mentioned above.
Approval
of forms by MCA:
Ministry
of corporate affairs will verify the forms submitted and approve the forms
after verification.
Issue
of Certificate of Incorporation:
The
Registrar of Companies (ROC) will issue a Certificate of Incorporation.
What
are the Post One Person Company registration compliances?
Every
One Person Company must follow the necessary compliances:
- Board meetings have to be
held in every six months. The time gap should not be less than 90 days;
- Book of accounts has to be
adequately maintained;
- Statutory audit by Charted
Accountant
- Income tax returns have to
be file every 30th September.
Can One
Person Company (OPC) raise investment?
One Person Company (OPC) is
a newly added concept that came into effect with the
introduction of Companies Act 2013. This is the only legal structure that allows sole-person to start his Company with several
concessions and rebates provided under the law.
OPC being a single-member the company, cannot raise investment through the issue of shares as 100%
shareholding of OPC shall remain with single-member. Although, unlike other private limited companies, it is
allowed to raise funds through the issue of
debentures and loans.
Apart from several benefits
and ease of running OPC, the law imposes several restrictions upon it, such as
OPC is not allowed to raise capital through investment. We have discussed other
such limits imposed on OPC along with its registration criteria henceforth.
What are
the ways for conversion of OPC?
Conversion of OPC into Private
Limited is governed under the Companies Act 2013.
Converting the OPC will not affect its existing debt, liabilities, obligations
or contracts. OPC can be converted into private limited in two following ways:
●
Voluntary:
Voluntary conversion is when the owner, upon its discretion, willing to transform
itself into private limited. He is not permitted to do so unless two years are
expired from the incorporation date. Under voluntary conversion, OPC shall
notify the registrar by filing INC-5 within 60 days of such transformation.
●
Mandatory:
Mandatory conversion is when OPC shall convert itself into private limited
compulsorily in the following situations:
·
Paid-up share capital exceeds INR 50
Lakhs; or
·
Average turnover of the preceding three
years exceeds INR 2 Crore
What are
the Annual Compliances of OPC?
Annual compliances of OPC are similar
to that of private limited with slight changes in such requirements. We have
enumerated the list of yearly agreement of OPC henceforth:
●
OPC shall mandatorily conduct at least
one board meeting every six months. That is minimum two board meeting shall be attended
yearly with a gap between two meetings being 90 days or more
●
Director of OPC in first Board Meeting
of the financial year shall disclose his interest in other entities through
form MBP-1
●
Director shall file a declaration of
his non-disqualification with the Company every year through form DIR-8
●
However, OPC needs not to conduct AGM
but is required to register financial statements through the filing of AOC-4 to
ROC
●
It shall also file an annual return in
form MGT-7 within 60 days of recording the entry of ordinary resolution in its
minute books
Conclusion
One
Person Company is a kind of Company that can be incorporated with just one member.
This makes a One Person Company is a type of business entity which is best for
individuals who want to start a business alone. With Corpbiz,
you can easily have your own One Person Company Registration in India.
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