Coronavirus disease (COVID-19) is an infectious disease caused by a newly discovered coronavirus. #Stay_Home_Stay_Safe

One Person Company (OPC) Pvt. Ltd. (MCA Registration)

About of Service

Registering a One Person Company (OPC) Pvt. Ltd. with the Ministry of Corporate Affairs (MCA) in India involves several steps and processes. Here's an overview:

Understanding OPC: An OPC is a type of company introduced under the Companies Act, 2013, which allows a single individual to establish a company with limited liability. It provides the benefits of a private limited company structure while requiring only one director and one shareholder.

Digital Signature Certificate (DSC): The first step in the registration process is obtaining a Digital Signature Certificate (DSC) for the proposed director of the OPC. This certificate is required for electronically signing the incorporation documents.

Director Identification Number (DIN): The sole individual forming the OPC needs to obtain a Director Identification Number (DIN) from the MCA. DIN is a unique identification number necessary for individuals intending to become directors of Indian companies.

Name Reservation: Before applying for incorporation, it's essential to reserve a unique name for the OPC. The proposed name should comply with the naming guidelines specified by the MCA and should not resemble the names of existing companies.

Drafting Memorandum and Articles of Association: The next step involves drafting the Memorandum of Association (MOA) and Articles of Association (AOA) of the OPC. These documents outline the company's objectives, rules, and regulations governing its operations.

It's important to ensure compliance with all applicable laws and regulations throughout the registration process. Seeking professional guidance from legal and financial experts familiar with company law and MCA procedures can facilitate a smooth registration process for the OPC.

Uses and Benefits

  • Understanding OPC: A One Person Company (OPC) is a type of company introduced in the Companies Act, 2013, which allows a single individual to operate a corporate entity with limited liability. It offers the benefits of a private limited company with less compliance burden.
  • Memorandum and Articles of Association (MOA & AOA): Like any other company, an OPC needs to draft its MOA and AOA, which define the company's objectives, rules, and regulations governing its operations.
  • Director Identification Number (DIN): The sole member of the OPC must obtain a Director Identification Number (DIN) from the MCA. DIN is a unique identification number required for individuals intending to be directors of Indian companies.
  • Digital Signature Certificate (DSC): The Director or the proposed Director of the OPC needs to obtain a Digital Signature Certificate (DSC) to sign the incorporation documents electronically. This is a mandatory requirement for online filing with the MCA.
  • Name Reservation: Before applying for incorporation, the OPC needs to reserve a unique name for the company. The proposed name should comply with the naming guidelines specified by the MCA.

Additional Disclosure

  1. Company Details:

    • Provide the legal name of the OPC Pvt. Ltd. as proposed for registration.
    • Mention the proposed registered office address of the company.
  2. Shareholder and Director Information:

    • Specify details of the sole shareholder (member) including name, address, occupation, and PAN (Permanent Account Number).
    • Provide information about the director (who is also the sole shareholder), including their consent to act as a director and their interest in other entities.
    • Disclose any past or pending directorships held by the proposed director.
  3. Memorandum of Association (MoA) and Articles of Association (AoA):

    • Attach the MoA and AoA outlining the objects and rules governing the OPC Pvt. Ltd.
    • Ensure compliance with the Companies Act, 2013, and related rules.
  4. Capital Structure:

    • Specify the authorized and paid-up share capital of the OPC Pvt. Ltd.
    • Detail any changes in the capital structure since incorporation, if applicable.
  5. Board Resolution:

    • Provide a board resolution approving the incorporation of the OPC Pvt. Ltd., appointment of the director, and authorization for filing with the MCA.
  6. Auditor Appointment:

    • Disclose the appointment of the first auditor of the company and their consent to act as such.
    • Provide details of any qualifications or disqualifications of the auditor.
  7. Compliance with Regulatory Requirements:

    • Ensure compliance with all applicable regulatory requirements under the Companies Act, 2013, and other relevant laws.
    • Disclose any pending litigations or legal proceedings involving the OPC Pvt. Ltd. or its directors.
  8. Bank Account Details:

    • Provide details of the company's bank account and the initial deposit made for incorporation purposes.
  9. Registered Office:

    • Submit proof of the registered office address of the OPC Pvt. Ltd., along with verification documents as required.

Documents & Detail Required

  • Identity Proof of Director:

    • PAN Card (mandatory)
    • Aadhar Card, Passport, Voter ID, or Driver's License
  • Address Proof of Director:

    • Aadhar Card, Passport, Voter ID, or Driver's License (mandatory)
    • Recent utility bills (electricity bill, water bill, etc.) or bank statements not older than two months
  • Passport-sized Photographs of Director:

    • Passport-sized photographs of the proposed director(s) of the OPC
  • Proof of Registered Office Address:

    • Rent agreement, lease deed, or sale deed of the registered office premises (if rented, a NOC from the landlord is required)
    • Recent utility bills (electricity bill, water bill, etc.) or property tax receipt not older than two months
  • Memorandum of Association (MOA) and Articles of Association (AOA):

    • The MOA and AOA contain the company's objectives, rules, and regulations governing its operations. These documents must be drafted as per the guidelines specified by the Companies Act, 2013.

FAQ'S

What is a One Person Company (OPC) Pvt. Ltd.?

A One Person Company (OPC) Pvt. Ltd. is a type of company introduced under the Companies Act, 2013, which allows a single individual to establish a corporate entity with limited liability.

Who can form an OPC?

Only a natural person who is an Indian citizen and resident in India can form an OPC. Additionally, an individual can only form one OPC at a time.

What are the key requirements for forming an OPC?

The key requirements include having only one shareholder and one director, drafting the Memorandum of Association (MOA) and Articles of Association (AOA), obtaining Digital Signature Certificates (DSC) and Director Identification Numbers (DIN), and having a registered office address in India.

What documents are required for OPC registration with MCA?

The documents typically required for OPC registration include identity and address proofs of the director, proof of registered office address, Memorandum and Articles of Association, consent and affidavit of the proposed director, Digital Signature Certificate, and Director Identification Number.

How long does it take to register an OPC with MCA?

The timeline for OPC registration can vary depending on various factors such as the completeness of documents submitted, government processing time, and any additional scrutiny required. Generally, it takes a few weeks to a couple of months to complete the registration process.