One Person Company (OPC) Registration
Under Section 2(62) of the Company’s Act 2013, a new concept has been introduced called as One Person Company (OPC) It can be formed with just one Director and one member whereas in a Private Company, a minimum of Two Directors and Two Members are required and in a Public Company, a minimum of Three Directors and a minimum of Seven members required.
To register One Person Company (OPC ) In India follow the following Steps :
Step 1: Apply for Digital Signature Certificate
To obtain a Digital Signature Certificate the proposed Director required documents of Address Proof,PAN card,Photo, Aadhaar card, a valid email id and Phone Number.
Step 2: Apply for Director Identification Number
Once the Digital Signature Certificate is done , the next step is to apply for the Director Identification Number of the proposed Director in SPICe Form along with the name and the address proof of the director.
Step 3: Name Approval Application
While incorporating, One Person Company is to decide on the name of the Company. The name of the Company will be in the form of “xyz (OPC) Private Limited” There are 2 options available for getting name approved by making application in Form SPICe 32 or by using RUN Web service of MCA by giving only 1 preferred name along with the significance of keeping that name. However, with effect from March 2018, Ministry has decided to permit two proposed Names and one re-submission (RSUB) while reserving Unique Names (RUN Service) for the Companies.
Step 4: Required Documents
We have to prepare the following documents which are required to be submitted to the ROC.The Memorandum of Association (MoA) which are the objects to be followed by the Company or stating the business for which the company is going to be incorporated.The Articles of the Association (AoA) which lays down the by-laws on which the company will operate.Since there are only 1 Director and a member, a nominee on behalf of such person has to be appointed because in case he becomes incapacitated or dies and cannot perform his duties the nominee will perform on behalf of the director and take his place. His consent in Form INC – 3 will be taken along with his PAN card and Aadhar Card.Proof of the Registered office of the proposed Company along with the proof of ownership and a NOC from the owner.Declaration and Consent of the proposed Director of Form INC -9 and DIR – 2 resp.A declaration by the professional certifying that all compliances have been made.
Step 5: Filing Forms with MCA
All these documents will be attached to SPICe Form, SPICe-MOA and SPICe-AOA along with the DSC of the Director and the professional, and will be uploaded to the MCA site for approval. The Pan Number and TAN is generated automatically at the time of incorporation of the Company. There is no need to file separate applications for obtaining PAN Number and TAN.
Step 6: Issue of certificate of Incorporation
On Successful verification, the Registrar of Companies (ROC) will issue a Certificate of Incorporation and we can commence our business.