Introduction of One Person Company
As earlier under Companies Act, 2013 at least two persons were required as Members and Directors to form a Company which is not the same in the case of OPC. It is a simplified process with online filing and process.
In this type of entity it has only one shareholder who owns the 100% stake in the company. Also a nominee is required to be appointed in order to maintain the character of perpetuity who shall work in place of the owner in case of circumstances like death or his/her inability to continue.
Legal Window has team of experts providing you the best assistance, timely delivery and guaranteeing the highest customer satisfaction with respect to Company incorporation process. You may get in touch with our team on 072407-51000 or email firstname.lastname@example.org for One Person company registration and Compliance services.
Advantages of One Person Company
Documents Required for Incorporation
Process of Incorporation of One Person Company
1. Complete the Application Form
You are requested to first fill the simple questionnaire provided by our expert team.
2. Document Processing
At the second step we will be requiring the documents in accordance with the questionnaire filled by you so that we can arrange them as per the requirement and for processing.
3. Application for DSC
DSC is a Digital Signature Certificate consisting of the E-signatures prepared. It will approximately take 1 day.
4. Name Availability
The next step is to check the name availability. The name should be unique in nature and should not be similar to name of any other entity registered. It may take at least 1-2 days.
5. E-filing for incorporation of a Company
Once the name is approved, an online application is required to be filed through SPICE+ along with the requisite documents as obtained from the client with ROC. The MOA as well as AOA shall be filed online. This process again takes approximately 2-3 days.
6. Get Certificate of Incorporation
Once the Company gets incorporated we will share all the docs like Incorporation Certificate, MOA , AOA and Digital Signatures.
More Insights on One Person Company Registration
How to Select the Name of Company
- You can check Company name availability thereby logging into MCA where you need to keep in mind two or three available options along with the activity type. Our team will assist you in the selection of name of company.
- Also, along with checking the name availability we also need to check the trademark if already registered under the proposed name which makes the online application for registration more powerful. If you want to have a trademark of your word or logo you can get the same through Legal Window by clicking on the link. Trademark Registration
Other Key Points
- If the proposed Director is already having the DIN then you can also check whether DIR-3 KYC is completed. You can verify the same with the help of our experts. If the same is not done yet, it can be done with help of Legal Window.
- The One Person company is required to manage all the compliances after incorporation of the company like appointment of statutory auditor, filing commencement of business, Income Tax Filing, Annual Returns with ROC and other compliances as required by the law. Legal Window has a team of experts who keeps an eye on the due dates of your compliances and reminds you through mails.
- Only person resident and citizen of India is eligible to incorporate One Person Company and will not be eligible to incorporate one more OPC.
- Any other legal entity like LLP and other Companies cannot become the Member in OPC.
- Minor is not eligible to become a Member in OPC
- If the turnover of an OPC crosses 2 crores or has paid up capital more than 50 lakhs then the same shall be converted either public or private company within 6 months.
Income Tax Rate for One Person Companies for F.Y. 2020-2021
Domestic Company Turnover > Rs. 400 Cr
|Net Taxable Income||Income Tax Rate||Surcharge||Health & Education Cess|
|Upto 1 crore||30%||Nil||4%|
|Above 1 crore but upto 10 crore||30,00,000+ 30%||7%||4%|
|Above 10 crore||3,00,00,000+ 30%||12%||4%|
Domestic Company Turnover < Rs. 400 Cr
|Net Taxable Income||Income Tax Rate||Surcharge||Health & Education Cess|
|Upto 1 crore||25%||Nil||4%|
|Above 1 crore but upto 10 crore||25,00,000+ 25%||7%||4%|
|Above 10 crore||2,50,00,000+ 25%||12%||4%|
Choose the right entity type after comparing different business structures
|Basis||Private Limited Company||Public Limited Company||One Person Company||Limited Liability Partnership||Partnership Firm||Proprietorship Firm|
|Registration Requirement||Companies Act, 2013||Companies Act, 2013||Companies Act, 2013||LLP Act, 2008||Registered/Unregistered||No Specific Criteria|
|Number of members||2 – 200||7-∞||Only 1||Unlimited||2 -50 partners||Only 1|
|Number of Director||2-15||3-15||Only 1||2 designated partners||NA||NA|
|Naming of Entity||Unique||Unique||Unique||Unique||No Guidelines||No Guidelines|
|Liability of Entities||Limited||Limited||Limited||Limited||Unlimited||Unlimited|
|Foreign Investment||Eligible||Eligible||Not Eligible||Eligible||Not Allowed||Not Allowed|
|Statutory Audit||Mandatory||Mandatory||Mandatory||Mandatory||Not Required||Not Required|
|Compliance Level||Annual Compliance||Annual Compliance||Annual Compliance||Annual Compliance||Less Compliance||Zero Compliance|
|Tax Rate||22%||22%||22%||30%||30%||Individual Tax Rate|
|Know More||Know More||Get Started||Know More||Know More||Know More|
FAQs on One Person Company Registration
Minimum one Director and one Nominee is required to incorporate a One Person Company.
No with ease of doing business the information shall be filed online through SPICE+ form at MCA Portal.
- Compliances are low
- Simple to incorporate
- Fee and expenses are less
- Body corporate
- Limited liability
No, FDI is not permitted for One Person Company because it loose its nature of One Person Company
It is the documentary proof evidencing that the Company has been registered and having its unique identification number as Corporate Identification Number.
No, a person cannot open more than one One Person Company at a time.
One Person company is not allowed to carry out non-banking financial investment activities and investment in securities of any Body Corporate.
Yes, a Director and shareholder has to be same person in case of One Person Company.
There is absolutely no minimum capital required but generally people prefer and are advised to incorporate the same with a minimum capital of Rs. 1 Lacs.
A Member is required to deposit the money in the bank account at the earliest and file the form for commencement within 180 days from the date of incorporation of the Company.
Yes, for Indian nationals becoming a Director in a Company it is mandatory to have a PAN Card and Passport in case of Foreign Nationals.
Once, the company gets registered, it should comply with the following within the prescribed time frame.
- Opening of the company’s current account and depositing the subscription money
- Appointment of a Statutory Auditor
- Issue and allotment of shares and provide Share Certificate
You can register a One Person Company at a commercial or residential place by providing the documents as specified. There is no restriction by the department.
A One Person company cannot convert itself unless two years is expired from the date of incorporation except on the condition of increase in threshold limit.