The Companies Act, 2013 introduced the concept of One Person Company (OPC), allowing a single individual to establish a company with the benefits of a corporate structure. OPCs offer features such as limited liability, perpetual succession, and a separate legal entity status. This structure provides an alternative to sole proprietorships, combining simplicity with the advantages of a company.
Required for proposed directors.
Documents required:-
Address Proof, Identity Proof, PAN Card, Photograph, Email & Mobile No.
File e-Form DIR-3 online to get the DIN for the proposed directors.
Up to three directors can apply for DIN together in the SPICe+ form.
Select and provide suitable names proposed for the SPICe+ form. The name should be in the format (ABC) Private Limited.
If the name is rejected, resubmission can be provided.
Memorandum of Association (MoA).
Articles of Association (AoA).
Nominee Consent (Form INC-4).
Residential Proof.
Declaration and Consent forms.
Attach all documents in SPICe+, eMoA, eAoA, and AGILE-PRO forms.
Submit forms online with the DSC of the director and the professional.
1. Who can be a member of an OPC?
Any natural person who is an Indian citizen and resident (staying in India for at least 182 days in the preceding financial year).
2. Can someone be a member of more than one OPC?
No, a person can only be a member of one OPC at a time.
3. Is there a tax advantage for OPCs?
No specific tax benefits. OPCs are taxed at a flat rate of 30%, similar to other companies.
4. Are there any limits for converting an OPC to a private or public company?
No. The mandatory conversion requirement was removed in 2021.
5. What are the compliance requirements for OPCs?
At least one board meeting every six months.
Maintain proper books of accounts.
Annual financial statement audit.
File income tax returns by September 30 each year.
6. Who cannot form an OPC?
Minors, foreign citizens, non-residents, and individuals legally incapacitated by contract.
7. How to convert an OPC into a private limited company?
Pass a special resolution, increase the number of directors and members to two, and obtain a No Objection Certificate (NOC) from creditors.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Procedures, benefits, and outcomes may vary depending on the applicable laws of each state, and responses to frequently asked questions may differ based on individual circumstances.