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One Person Company INCORPORATION

ONLY at ₹7,499/- all inclusive*

Shout-out to Solo Entrepreneurs who can now get the corporate identity with the advantage of limited liability.

 

*Except for the states of Punjab (₹15,499/-), Kerala (₹8,499/-) and Madhya Pradesh (₹12,999/-)

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    Features

    Continued Existence

    The OPC will have continued existence even after the death of the director as it will pass on to the nominee director unlike the case of proprietorship.

    Distinct Legal Structure

    Provides distinction between ownership and function.

    Personal assets of owner is not at risk when the Company is not working well.

    Brand Image and higher acceptability

    All business stakeholders prefers to work with a Company over any other Entity.

    So why not build a Brand? 

    What all do you GET?

    • Name Approval Certificate
    • Certificate of Incorporation
    • PAN and TAN of the Company
    • Memorandum of Association (MOA)
    • Articles of Association (AOA)
    • Digital Signature Certificates for  promoter
    • Director Identification Number (DIN) for Director
    • Share Certificates for the promoter
    • Bank Account Opening Support
    • Registration for PF and ESIC

    HOW DOES IT WORKS?

    L

    ANSWERING YOUR QUERIES

    What exactly is a One Person Company (OPC)

    One Person Company has been recently introduced by the Indian Companies Act 2013, and is an improvement on the sole proprietorship type of entity. It is a combination of a sole proprietorship and an Incorporated limited company.

    How many people are required to form a One Person Company?

    An OPC can be formed with one person alone who can be both the director and shareholder of the company. It can also have multiple directors though shareholder has to be a single person.

     

    What is the distinction between an OPC and a Sole Proprietorship?

    While a One Person Company has a completely official  legal structure by way of being a limited company and protection from personal liability, a sole proprietorship does not.

    Basically, if you haven’t created a separate legal entity for your business, then it falls into the domain of a sole proprietorship. A sole proprietor assumes full responsibility for the business and will be personally liable for any sort of financial obligations.

    Can an OPC be eventually converted into a private limited company?

    Yes. One Person Company can be converted (either voluntarily or even mandatorily as per stipulations) when it has crossed the threshold limit as prescribed by the MCA.

    ANSWERING YOUR QUERIES

    Why should I choose Instafiling?

    So that you never have to worry about any Compliance related issues ever.

    The ever enthusiastic team at Instafilings will guide you every step of the way in your Entrepreneurial Journey. 

    What does it means to be Compliant?

    Being up to date with all regulatory and legal requirements applicable to your organization.

    In our experience, most entrepreneurs are not aware of all applicable requirements which later results in hefty Govt. penalties. Thus, it is advisable to work with trusted and committed Consultants.  

    What if as a Client, I am not happy with the work you do?

    Clients are in love with the Instafiling services. They have been appreciating the team every now and then.

     If you do not find our services satisfactory, we guarantee 100% refund of our professional fees.

    Is my Data safe with you?

    Instafiling maintains all data with secured servers only.

    Be rest assured, your data will be kept 100% private and confidential.

    Still Have Queries?

    We are very excited to assist you in all ways possible.

    FAQs

    What is incorporation of one person company?

    The incorporation of a One Person Company (OPC) involves the process of registering and legally establishing a company with a single person as its sole member and director.

    The key steps involved in the incorporation of a One Person Company are as follows:

    (i) obtaining DSC; 

    (ii) Reserve Unique Name (RUN); 

    (iii) Preparation of MOA and AOA of the company; 

    (iv) Filing of Incorporation documents; 

    (v) Consent and declarations from Nominee; 

    (vi) Payment of statutory government fee and 

    (vii) Receiving Certificate of Incorporation on registered email address.

    Is one person company legal in India?

    Yes, One Person Company (OPC) is a legal business structure in India. The concept of OPC was introduced in the Companies Act, 2013, to provide a framework for single entrepreneurs to operate as a company while enjoying the benefits of limited liability.

    Who is eligible to incorporate OPC?

    Only a natural person who is an Indian citizen, not a minor and resident in India shall be eligible to incorporate and act as a member and nominee of an OPC.

     

    The term “resident in India” for the purposes of incorporating One Person Company (OPC) as per the Companies Act 2013, means a person who has stayed in India for a period of not less than one hundred and twenty days during the immediately preceding one financial year. Please note that for any other Company (Private Limited/ Public Limited) the resident is a person having stayed in India for a period of not less than one hundred and eighty two days.

     

    Further, A natural person shall not be member of more than a One Person Company at any point of time and the said person shall not be a nominee of more than a One Person Company

    Which is better OPC or Pvt Ltd?

    The choice between an OPC (One Person Company) and a Pvt Ltd (Private Limited Company) depends on several factors and the specific needs and circumstances of the business owner. Here are some considerations to help you evaluate which structure might be better suited for your situation:

     

    Sole Ownership: If you prefer to have complete control and ownership of your business without the need for additional shareholders or directors, an OPC might be more suitable as it allows you to operate as a separate legal entity while being the sole member and director.

    Scale and Future Growth: If you have plans for significant expansion, raising external funding, or attracting multiple shareholders, a Private Limited company may be more appropriate. Private Ltd companies can have multiple shareholders, making them more flexible for future capital infusion and ownership changes.

    Compliance and Regulations: OPCs generally have fewer compliance requirements compared to Pvt Ltd companies, making them easier to manage from a regulatory standpoint. OPCs have relaxed reporting obligations and are exempted from certain requirements applicable to Pvt Ltd companies.

    In summary, OPCs are suitable for small businesses with a single promoter who wants to enjoy the benefits of limited liability, while complying with lesser regulatory requirements. On the other hand, Pvt Ltd companies are better suited for larger businesses with multiple shareholders who require greater potential for growth and access to funds. Ultimately, the choice between OPC and Pvt Ltd company depends on the specific needs and goals of the business.

    What is the turnover limit for OPC?

    There is no specific turnover limit specified for One Person Companies (OPCs) in the Companies Act, 2013. The Act does not impose any restrictions on the turnover of OPCs. However, if the turnover exceeds INR 2 Crores in any financial year, then the OPC mandatorily needs to be converted into Private Limited Company or Public Limited Company.

    What is the minimum capital for OPC?

    There is no prescribed minimum capital requirement for incorporating a One Person Company (OPC) in India. Therefore, an OPC can be incorporated with any amount of capital that suits specific business needs. The sole owner is free to determine the authorized share capital based on the business requirements.

    Can OPC have 2 directors?

    No, as per the provisions of the Companies Act, 2013, a One Person Company (OPC) can have only one director. The OPC structure is specifically designed for single entrepreneurs who wish to operate as a company with limited liability. The concept allows a single individual to be the sole shareholder as well as the sole director of the OPC.

    However, in addition to the sole director, an OPC is required to have a nominee director mentioned in the Memorandum of Association (MOA). The nominee director is appointed to take over the management of the OPC in case the sole director becomes incapacitated or unable to perform their duties.

    So, while an OPC can have two individuals involved in the company—the sole director and the nominee director—only the sole director has the authority to manage the company’s operations and make decisions on behalf of the OPC.

    What are features of OPC?

    One Person Company has following features:

    1. Sole owner and Sole Director : An OPC is a type of company that can have a single shareholder who will also act as the sole director of the company. This allows individuals to start a company on their own without the need for partners or co-founders.
    2. Separate Legal Entity: An OPC has distinct identity from its shareholder or sole owner, which signifies that it  is capable of owning assets, entering into contracts, and incurring liabilities in its own name.
    3. Limited Liability: The Liability of the sole owner is limited to the amount of their subscribed capital which denotes that personal assets are protected in case of business related liabilities.
    4. No minimum capital requirement: OPC has no minimum capital requirement, which means that it can be registered with any amount of capital that suits the business requirements.
    5. Perpetual Succession:The existence of OPC is not affected by the death or incapacity of its member as it can continue to operate and fulfill its obligations even after the demise of the member, with the nominee director taking charge.
    6. Name of the Company: The name of the One Person Company shall mandatorily have the word (OPC) Private Limited as its suffix.

    Thus, OPCs provide benefits to entrepreneurs who wish to operate as a separate legal entity with limited liability, while having the flexibility of a single-member structure.

    Is it mandatory to appoint nominee?

    Yes, it is mandatory to appoint a nominee for a One Person Company (OPC) in India. The requirement for appointing a nominee is a key feature of the OPC structure as per the Companies Act, 2013 and the details of the person nominated are also filed in the Memorandum of Association of the Company.

    However, The nominee director’s role becomes active only upon the death or incapacity of the sole member. In normal circumstances, the sole member retains full control and management authority over the OPC.

    Can a minor become a member or nominee of OPC?

    No, a minor cannot become a member or nominee of an OPC. Also, a minor cannot hold shares in beneficial interest in OPC.

    What is process of registering OPC?

      Registering an OPC is similar to incorporation of an OPC.

      The registration process involves following steps:

      (i) obtaining DSC; 

      (ii) Reserve Unique Name (RUN); 

      (iii) Preparation of MOA and AOA of the company; 

      (iv) Filing of Incorporation documents; 

      (v) Consent and declarations from Nominee; 

      (vi) Payment of statutory government fee and 

      (vii) Receiving Certificate of Incorporation on registered email address.

      Is audit compulsory for OPC?

      Yes, audit is compulsory for OPC. The financial statements of an OPC is required to be audited by a qualified Chartered Accountant regardless of its turnover or business activities.

      How much time is taken for OPC incorporation?

      The time taken for incorporating a One Person Company (OPC) can vary depending on several factors, including the preparedness of the required documents, government processing time, and any potential delays in the approval process. 

      Generally, the OPC incorporation process can be completed within 10-12 working days, provided that all the necessary documents and information submitted is  accurate.

      Which documents are required for OPC incorporation?

      The following documents are required for OPC incorporation:

      1. Identity, address proof and passport size photograph of Sole owner and Director;
      2. Identity, address proof and passport size photograph of Nominee;
      3. Registered Office documents – Rent Agreement/Sale Deed/Lease Deed; No objection Certificate (if premises are rented) and utility bill (not older than two months),   

      WHAT OUR CLIENTS SAY ABOUT US?

      I got a new private limited company incorporated from InstaFiling. The service was very quick and transparent. Definitely recommended

      Arif Khan

      Director, Kisanaras Technologies Private Limited

      They helped me understand the entire process of incorporation clearly and created the company in quick time.

      Shreyansh Bohra

      Director, Playeet Entertainments Private Limited

      I was going to incorporate a private limited company, but the team at InstaFiling suggested me a partnership firm with the requirements I had.  I am glad to take their advice.

      Debabrata Roy

      Partner, Rayance Techno Green