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One Person Company (OPC) is a separate legal entity which is also same as Private Limited Company; it is an entity separate and distinct from its members. Registration of One Person Company comes under Companies Act, 2013 and governed by the Ministry of Corporate Affairs (MCA). As per the companies Act, 2013 for the registration of Company it should have only 1member. Also, Company should have minimum 1 Directors and Company can appoint Maximum 15 Director. One of the Directors should be Indian.
One Person Company Registration started in 2013, it’s a combination of Proprietorship Firm and Private Limited company in Flexibility and Advantages respectively. In the OPC one different concept i.e. Nominee, because of Single Person owner, he require to appoint compulsory nominee, and the same person should not be a nominee in another company. To take the benefit of OPC company Paid up capital should not be more that Rs. 50 Lac, and Turnover Rs. 2 cr.
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One Person Company is Separate Legal Entity, having Individual Status from its Members and Director. Because of Individual Status it has a capacity to deal with legal problem in case of fraud.
One Person Company has a Limited Liability, company require to pay till the end of Company Assets only to its creditors. No personal Assets of Members, Directors, Investor’ etc. will club at the time of payments.
In any entity while doing business many times arise fund shortage issues. One Person Company has many more options to raise fund from investors or lenders. And financial institutions give presence to Company for loan as compare to other entity.
Ans: The advantages are as follows:
• Get bank loans
• lesser compliances
• limited liability
• legal protection etc
Ans: It is a company which can be in corporate with a single person.
Ans: Yes a member and director can be the same person.
Ans: No minimum capital is required.
Ans:If the paid up capital exceeds Rs 50lacs or turnover exceeds Rs2crores , the opc has to be compulsorily converted into a private or public company.
Ans: The documents are Company’s PAN Card, TAN CARD, Digital signatures of the Directors, Memorandum of Association, Articles of Association and Certificate of Incorporation.
Ans: Digital signature is required to file the forms for company formation.
Ans: Digital signature is required for every person subscribing for shares in memorandum and articles of association.
Ans: The memorandum of association shall contain the object of the company. The business which the company is going to undertake.
Ans: The article of association shall contain the rules and regulations of the company.tion and Certificate of Incorporation.
Ans: Subscribed capital is the amount which the members have to deposit in the Company’s Bank account after the incorporation of the company. There is no minimum limit.
Ans: The DIN will be generated automatically at the time of incorporation.
Ans: DIN is the Director Identification Number which is to be obtained by every person who wants to become director.
First case of One Person Company is to apply ROC Name of Company for Confirmation By Form Spice+ A, we get approval usually within 1-2 working days.
After the Name reservation we require to create a Digital Signature for the Filing of Incorporation forms. Before filing forms we require to affix DSC of Applicant and Professional.
Once Name is confirmed and DSCs are ready we can file addition form of Incorporation i.e Spice+ B, with all information and require papers. In the latest form we can apply for ESI and PT certificate also.
TruFilings can easily register One Person Company within 10-12 working days.