An OPC is a type of organization you can set up to run your business. As such they need to be registered with the Ministry of Corporate Affairs (MCA) and are subject to relevant Rules and Regulations
Register your company at just ₹3,000, in India
(govt fees + tax extra)
Trusted by modern businesses
Gathering the KYC documents required for registering your business.
Firm name submission & approval with object.
Apply for DIN and Digital Signature Certificate (DSC ) for the sole shareholder
Drafting the Memorandum of Association (MOA) and Articles of Association (AOA).
Filing the required forms with Ministry of Corporate Affairs (MCA)
Receiving the Certificate of Incorporation from MCA
With the implementation of the Companies Act, 2013, a single person could constitute a Company, under the One Person Company (OPC) concept.
The introduction of OPC in the legal system is a move that would encourage corporatisation of micro businesses and entrepreneurship.
One Person Company (OPC) is another form of organization newly provided under the Companies Act, 2013 , wherein, the entity can be incorporated with a single member.
A One Person Company is incorporated as a Private Limited Company. It must have only one member at any point of time and may have only one Director. The member and nominee should be natural persons , Indian citizens and resident in India.
Features of an OPC
It has all the protection and responsibilities as available to a Private limited Company, with the major change, that the number of shareholders who are required to incorporate the Company is one (1).
Once the Company achieves a certain turnover level, the OPC has to get converted into a Private Limited Company. The promoter also can choose to convert the Company into a private limited company voluntarily, once the Company has been in operation for a certain period of time.
Difference between a Sole Proprietorship and an OPC
A one-person company is different from a sole proprietorship because it is a separate legal entity that distinguishes between the promoter and the company.
The promoter's liability is limited in an OPC in the event of a default or legal issues. On the other hand, in case of sole proprietorships, the liability is not restricted and extends to the individual and his or her entire assets.
A One person company shall have a minimum of one (1) director. Therefore, a One Person Company shall be registered as a private limited company with one member and one director. By virtue of section 3(2), an OPC may be formed either as a company limited by shares or a company limited by guarantee; or an unlimited liability company.
The concept of One person company is quite revolutionary. It gives the individual entrepreneurs all the benefits of a company, which means they will get credit, bank loans, access to market, limited liability, and legal protection available to companies.
Prior to the new Companies Act, 2013 coming into effect, at least two shareholders were required to start a company. But now the concept of One Person Company would provide tremendous opportunities for small businessmen and traders, including those working in areas like handloom, handicrafts and pottery. Earlier they were working as artisans and weavers on their own, so they did not have a legal entity of a company.
But now the OPC would help them do business as an enterprise and give them an opportunity to start their own ventures with a formal business. structure, Further, the amount of compliance by a one person company is much lesser in terms of filing returns, balance sheets, audit etc.
Benefits of registration as an OPC
Only natural persons who are Indian citizens and residents are eligible to form a one-person company in India.
There is no minimum Capital required to start an OPC Private Limited Company.
OPC may be either a company limited by shares or a company limited by guarantee or an unlimited company.
The Director of the Company should have a Director Identification Number (DIN) and the subscriber has to procure a Digital Signature (DSC).
Apply for Name reservation:
The first step in incorporation is to reserve/approve the name of the company.
Apply for Digital Signature Certificate (DSC)
The application for OPC is filed online and it is mandatorily required to be signed.
Apply for Director Identification Number (DIN):
It is a unique identification number issued by ROC.
Apply for PAN & TAN of the company:
PAN and TAN are simultaneously applied along with company registration forms.
Document submission:
Application for registration of the OPC is made to the Registrar of Companies (ROC).
Allotment if Certificate of Incorporation (COP):
ROC scrutinizes the incorporation form and documents.
Opening of Bank Account:
Prescribed bank will open a current account in the name of the company.
The process of incorporation can be done in online mode and it takes about 10-15 working days.
Documents Required For OPC Registration
Other details required for OPC registration.
An introduction about a business or start up formation option is vital for deciding the right form of business registration. The Companies Act, 2013 and Limited Liability Partnership Act, 2008 have brought about more business formation choices for entrepreneurs.
The key factors that influence the legal form of a business are, the nature of your business, customer's profile (corporate, small businesses or individuals ), expected business turnover, scalability of your business idea, and future funding prospectus.
Every entrepreneur/promoter should take the effort to know about the pros and cons of these legal forms for new company registration so as to choose the best for your Company.
We at Targolegal also offer Private Firm, LLP, OPC registrations, and many more services that may suit your registration requirements.
Feel free to contact us for details regarding One Person Company Registration Cost, and to know more about, how to register a company.
| Do I need a Registration? | Yes, Ministry of Corporate Affairs registers Private limited company under the Companies Act, 2013 |
|---|---|
| What type of business names can I keep? | Firstly, submit a set of names to Registrar of Companies, wait for approval from Registrar. Best practice is that the names submitted must be inoffensive, legal and not similar to any registered LLPs or companies |
| How risky is it for me? | Private Limited Company is a separate legal person in the eyes of law, registered under Companies Act 2013. So, the shareholders are not responsible for business liabilities. |
| To what extent is each member of the business liable? | Liability is limited to his/her share capital contribution. |
| Tell me the minimum membership limit | 2 People |
| Is foreign ownership allowed? | Yes |
| How much will I get taxed | Profits get taxed at 25% plus cess and surcharge. Is applicable if profit exceeds 1 Cr |
| What are my annual tax filing norms? | Every financial year Private Limited Company must file Annual Accounts and Annual Return with the Registrar of Companies. Plus, Income Tax must be filed separately. |
| Is Annual Audit Required? | Statutory audit is to be conducted irrespective of business transaction and turnover. Income tax audit is applicable if turnover exceeds 2 Crs |
| Can I convert my business into any other legal form? | Yes, Private Limited Company can be converted into a Public Company or LLP. Even, Public Limited Company can be converted into a Private Limited Company. |
| Compulsory Conversion to Private Limited Company Applicable? | NO |
| Do I need a Registration? | Ministry of Corporate Affairs registers an LLP business under the Limited Liability Partnership Act, 2008. |
|---|---|
| What type of business names can I keep? | Firstly, submit a set of names to Registrar of Companies, wait for approval from Registrar. Best practice is that the names submitted must be inoffensive, legal and not similar to any registered LLPs or companies |
| How risky is it for me? | "LLP" is a separate legal person in the eyes of law, registered under LLP Act 2008. So, the partners are not responsible for business liabilities. |
| To what extent is each member of the business liable? | Liable to the extent of their contribution (in money, in kind or in services extended) to the LLP |
| Tell me the minimum membership limit | 2 People |
| Is foreign ownership allowed? | Yes |
| How much will I get taxed | Profits get taxed at 30% plus cess and surcharge. Is applicable if profit exceeds 1 Cr |
| What are my annual tax filing norms? | Every financial year Annual Statement of Accounts & Solvency and Annual Return with the Registrar Plus, Income Tax must be filed separately. |
| Is Annual Audit Required? | Statutory audit is to be conducted if partners contribution exceeds 25 lakhs or turnover exceeds 40 lakhs. Income tax audit is applicable if turnover exceeds 2 Crs |
| Can I convert my business into any other legal form? | Yes, Private Limited Company can be converted into a Public Company or LLP. Even, Public Limited Company can be converted into a Private Limited Company. |
| Compulsory Conversion to Private Limited Company Applicable? | NO |
| Do I need a Registration? | Yes, Register with Registration of Firms |
|---|---|
| What type of business names can I keep? | Firm can use any name that he likes, but avoiding names already trademarked is advisable |
| How risky is it for me? | Partners will stand liable for the liabilities of the business |
| To what extent is each member of the business liable? | Unlimited liability |
| Tell me the minimum membership limit | 2 People |
| Is foreign ownership allowed? | No |
| How much will I get taxed | Profits get taxed at 30% plus cess and surcharge. Is applicable if profit exceeds 1 Cr |
| What are my annual tax filing norms? | Only Income Tax must be filed for the income of firm and partners. |
| Is Annual Audit Required? | Only income tax audit is applicable if the turnover exceeds limit of 2 Cr |
| Can I convert my business into any other legal form? | Yes, Partnership can be converted into a Private Limited Company or LLP |
| Compulsory Conversion to Private Limited Company Applicable? | NO |
| Do I need a Registration? | Yes, Ministry of Corporate Affairs registers One Person Companies under the Companies Act, 2013 |
|---|---|
| What type of business names can I keep? | Firstly, submit a set of names to Registrar of Companies, wait for approval from Registrar. Best practice is that the names submitted must be inoffensive, legal and not similar to any registered LLPs or companies |
| How risky is it for me? | OPC is a separate legal person in the eyes of law. So, the share holder is not responsible for business liabilities. |
| To what extent is each member of the business liable? | Liability is limited to his/her share capital contribution |
| Tell me the minimum membership limit | 1 Person |
| Is foreign ownership allowed? | NA |
| How much will I get taxed | Profits get taxed at 25% plus cess and surcharge. Is applicable if profit exceeds 1 Cr. |
| What are my annual tax filing norms? | Every financial year OPC must file Annual Accounts and Annual Return with the Registrar of Companies. Plus, Income Tax must be filed separately |
| Is Annual Audit Required? | Statutory audit is to be conducted irrespective of business transaction and turnover. Income tax audit is applicable if turnover exceeds 2 Crs. |
| Can I convert my business into any other legal form? | OPC could be converted into any legal form. But, it depends on the number of promoters, business operations, funding requirements and other factors. Limited Liability Partnership or Private Company is preferred by promoters when seeking expansion of their OPC |
| Compulsory Conversion to Private Limited Company Applicable? | NO |
| Do I need a Registration? | No legal requirement to do so. |
|---|---|
| What type of business names can I keep? | Promoter can use any name that he likes, but avoiding names already trademarked is advisable |
| How risky is it for me? | Promoter will stand liable for the liabilities of the business. Because the business is not considered as a separate legal person/entity |
| To what extent is each member of the business liable? | Unlimited liability. |
| Tell me the minimum membership limit | 1 Person |
| Is foreign ownership allowed? | NA |
| How much will I get taxed | Individual income tax slab of the proprietor is the basis of taxation. |
| What are my annual tax filing norms? | Only Income Tax must be filed on the basis on proprietor's income. |
| Is Annual Audit Required? | Only income tax audit is applicable if the turnover exceeds limit of 2 Cr. |
| Can I convert my business into any other legal form? | No |
| Compulsory Conversion to Private Limited Company Applicable? | Yes, if turnover exceeds 2 cr |
No, there is no minimum capital requirement for registering a One Person Company in India. The company can be started with any amount of capital, and it can be increased later as required.
No, a One Person Company can have only one director. However, it is mandatory for the company to appoint a nominee who will become the new director in case of the sole member's death or incapacity.
The registration process for a One Person Company usually takes around 10 to 15 working days. The time may vary depending on factors like document verification, name approval, and other formalities.
The nominee is an individual who is appointed by the sole member at the time of registration. The nominee will take control of the company in case the original member dies or becomes incapacitated. The nominee must be an Indian citizen and a resident of India.
The liability of the sole member and director in an OPC is limited to the amount of unpaid share capital. The personal assets of the member and director are not at risk in case of the company’s debts or liabilities, except in cases of fraud or other illegal activities.
The cost of registering an OPC varies depending on the service provider and the complexity of the process. On average, the registration cost can range from ₹7,000 to ₹15,000 for basic registration. Additional costs may include professional fees, stamp duties, and government charges.
If the sole director of an OPC resigns, the company must appoint a new director within 30 days. If no new director is appointed, the company could face penalties or may be struck off from the MCA records. The appointment of a new director must be done by the sole member, and the necessary documents must be filed with the MCA.
A One Person Company (OPC) is a type of business entity that allows a single person to operate a company. It is a hybrid structure combining the benefits of a private limited company with the flexibility of a sole proprietorship. The key feature of an OPC is that it can have only one shareholder and one director, making it ideal for solo entrepreneurs.
Yes, a foreigner or a foreign company can form a One Person Company in India, provided:
Yes, an OPC can be converted into a private limited company or a public limited company if it meets the following conditions:
Any individual who is:
OPCs in India are subject to the following taxes:
To register an OPC in India, the following requirements must be met:
The required documents for OPC registration are:
OPCs in India are required to comply with various regulatory requirements, including:
The process for registering an OPC in India involves the following steps: