One Person Company (OPC) Registration

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What are benefits of registering A One Person Company (OPC)?

Key benefits include:

Limited Liability

Shareholders’ personal assets are protected from the company’s liabilities.

Separate Legal Entity

The company can own property, sue or be sued, and conduct business independently of its owners.

Perpetual Existence

The company continues to exist even if the ownership changes or shareholders pass away.

Credibility

Companies have enhanced credibility with customers, investors, and lenders.

Ease of Raising Capital

It can issue shares to raise funds from investors.

How it works?

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What is a One Person Company (OPC)?

A One Person Company (OPC) is a unique business structure introduced under the Companies Act, 2013, specifically for solo entrepreneurs. It is a distinct legal entity, separate from its sole owner, providing limited liability protection. This means that the personal assets of the owner are safeguarded from business liabilities and obligations.

For instance, if an OPC incurs debts or legal liabilities, creditors can only claim the company’s assets and not the personal assets of the owner, such as their home or car. This separation ensures financial security, encourages entrepreneurship, and provides a corporate identity while allowing the flexibility of a single-owner business structure.

Looking to register a One Person Company? Call us at 7030307028 or click here to chat on WhatsApp.

Documents Required for the Registration of an OPC

  1. Photograph of the Sole Owner
  2. PAN Card of the Sole Owner
  3. Identity Proof: Aadhaar Card / Voter ID / Passport
  4. Address Proof: Recent electricity bill, telephone bill, or bank statement
  5. Utility Bill of Registered Office Address (Electricity bill not older than 2 months)
  6. Minimum 2 Names of Proposed Company
  7. One Nominee and Adhar, Pan, Bank statement of Nominee

Steps to Register a One Person Company

  1. Obtain Digital Signature Certificate (DSC):
    The first step is to obtain a DSC for the sole owner, which is required for signing electronic documents for registration.
  2. Obtain Director Identification Number (DIN):
    Apply for DIN for the sole owner by submitting identity proof, address proof, and a passport-sized photograph.
  3. Choose a Unique Name for the Company:
    Choose a name for your OPC that complies with the Ministry of Corporate Affairs (MCA) guidelines. The name must not resemble an existing company or trademark.
  4. Draft the Memorandum of Association (MOA) and Articles of Association (AOA):
    MOA: Specifies the objectives and scope of the company’s activities.
    AOA: Defines the internal rules and regulations governing the company. Both documents must be signed by the sole owner and a nominee (required by law in case of the owner's incapacity).
  5. File Incorporation Documents:
    Submit the SPICe (INC-32) form along with all required documents through the MCA portal. This form simplifies the incorporation process by combining multiple applications such as DIN, name reservation, and incorporation into one.
  6. Pay Government Fees:
    The fees include DSC issuance, name reservation, form filing, and stamp duty, which varies based on the state of incorporation.
  7. Receive the Certificate of Incorporation:
    Once the Registrar of Companies (RoC) approves the application, you will receive a Certificate of Incorporation, marking the official establishment of the OPC.

Important Information for OPC Registration

  • Minimum Capital Requirement: No minimum capital is required. However, the initial capital is generally shown as ₹1 lakh.
  • Director Requirement: Only one individual owner is required, along with a nominee.
  • Registered Office: The company must have a registered office in India (can be residential or commercial).
  • Annual Compliance Cost: Approximately ₹6,999 to ₹9,999.
  • One nominee is needed : Nominee can be anybody, spouse, family member or friend.

For a hassle-free OPC registration process, call us at 7030307028 or click here to chat on WhatsApp.

Why Choose a One Person Company?

  • Limited Liability Protection: The personal assets of the owner are safeguarded from business liabilities.
  • Separate Legal Entity: OPC enjoys a corporate identity independent of its owner.
  • Tax Benefits: Corporate tax rates often provide savings compared to personal income tax for high-income individuals.
  • Continuity: The nominee ensures business continuity in the owner's absence.
  • Ease of Management: Simplified compliance compared to other corporate structures.

Other alternatives to OPC Private Limited.

In India, apart from an OPC Private Limited, there are other types of company registrations; however, OPC Private Limited incorporation holds the highest trust score in the minds of your customers, vendors, employees, investors, and bankers. Each type has distinct features, benefits, and compliance requirements. You can watch a detailed video after submitting the above GET STARTED form.

  1. One Person Company (OPC): One person company registration is ideal for single entrepreneurs. If you are only one person and want to have an OPC Private Limited, then go for One Person Company. OPC allows a sole individual to own all the shares in the company and manage the business.
  2. Limited Liability Partnership (LLP): LLP registration combines the flexibility of a partnership with the benefits of limited liability for its partners. If you want less compliance then register LLP.
  3. Public Limited Company: Suitable for large-scale businesses, it allows the company to sell shares to the public.
  4. Section 8 Company (Non-Profit Company): Suitable for non-profit NGO organizations. By incorporating a Section 8 Company you can do charitable work.

There are other types of businesses like proprietorship and partnership firms that are not a Company and have a low trust score in the market.

How to Select a Unique Name for Your Company?

Need help with OPC Private Limited registration? Reach out to us at 7030307028 or click here to chat on WhatsApp now!

  1. Plural Versions: Simply adding a plural form does not make the name unique.
    Example: "Acme Gear OPC Private Limited" and "Acme Gears OPC Private Limited" will not be accepted.
  2. Changes in Type, Letter Case, Spacing, or Punctuation: Modifying letter case, spacing, or punctuation does not differentiate a name.
    Example: "ACME Gear OPC Private Limited" or "Acme-Gear OPC Private Limited" are not unique from "Acme Gear OPC Private Limited."
  3. Joining or Separating Words: Combining or separating words does not create a unique name.
    Example: "ACMEGEAR OPC Private Limited" or "AC ME Gear OPC Private Limited" are not allowed if "Acme Gear OPC Private Limited" exists.
  4. Tense or Number Variation: Changing the tense or number of a word does not make a name unique.
    Example: "Acme One Gear OPC Private Limited" and "Acme's One Gear OPC Private Limited" are considered the same.
  5. Phonetic or Spelling Variations: Different phonetic spellings or spelling variations don’t create a unique name.
    Example: "P and Q Industries OPC Limited" is not unique from "P.Q. Industries OPC Limited."
  6. Intentionally Misspelt Words: Misspelling a word intentionally does not make the name unique.
    Example: "Faast Movies OPC Private Limited" is not allowed if "Fast Movies OPC Private Limited" exists.
  7. Internet-Related Designations: Adding domain extensions like .com, .net, or .in does not make the name unique.
    Example: "FastMovies.com OPC Private Limited" will not be accepted if "Fast Movies OPC Private Limited" exists.
  8. Addition of Common Words/Titles: Adding words like "New," "Modern," "Om," "The," etc., does not make the name unique.
    Example: "The Fast Movies OPC Private Limited" is not unique from "Fast Movies OPC Private Limited."
  9. Place Name Addition: Simply adding a place name does not make the name unique.
    Example: "Fast Movies India OPC Private Limited" is not accepted unless there is a no-objection resolution from the existing company.
  10. Reordering Words: Rearranging the words in a name does not create uniqueness.
    Example: "Contractors and Builders OPC Private Limited" is not unique from "Builders and Contractors OPC Private Limited."
  11. Translation or Transliteration: A translated or transliterated version of an existing name is not allowed.
    Example: Translating "Fast Movies OPC Private Limited" into Hindi or any other language will not make it unique.

These guidelines help ensure the uniqueness of company names and avoid confusion in the marketplace.

Words Not Allowed:

Words such as Bharat, Hindustan, Group of companies, Corporation, Corp, PTE, LLC, University, Municipal, Co-Operative, Association, Bank, Insurance, Society are not allowed or need permission. Additionally, offensive words, trademarks, and government organization names are not allowed.

COMPANY REGISTRATION FEES, COST, & CHARGES

The cost of registering an OPC Private Limited in India varies based on several factors such as the number of directors, share capital, and professional fees.

The basic government fees include:

  1. DSC Token: Fee per DSC application.
  2. Name Reservation: Fee for reserving the company name.
  3. Form Filing Fees: Fees for filing incorporation forms.
  4. Stamp Duty: Varies based on the state of incorporation.

Want to register an OPC Private Limited in just 9,999? Call 7030307028 or WhatsApp us to get started today!

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FAQ ON One Person Company (OPC) COMPANY REGISTRATION

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1. What is a One Person Company (OPC) Company?

A One Person Company (OPC) Company is a type of business entity privately held under the Companies Act, 2013, in India. It must have a minimum of One Person. It operates as a separate legal entity and offers limited liability protection to its shareholders. The company must include "One Person Company (OPC)" at the end of its name.

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2. What are the benefits of registering a One Person Company (OPC) Company?

Key benefits include:
Limited Liability: Shareholders’ personal assets are protected from the company’s liabilities.
Separate Legal Entity: The company can own property, sue or be sued, and conduct business independently of its owners.
Perpetual Existence: The company continues to exist even if the ownership changes or shareholders pass away.
Credibility: Companies have enhanced credibility with customers, investors, and lenders.
Ease of Raising Capital: It can issue shares to raise funds from investors.

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3. How long does it take to register a One Person Company (OPC) Company?

The registration process typically takes between 10 to 12 business days. This includes reserving a company name, drafting legal documents, and obtaining approvals from the Ministry of Corporate Affairs (MCA).

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4. What is the minimum number of director required for a One Person Company (OPC) Company?

A One Person Company (OPC) Company must have at least one director. He must be a resident of India.

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5. What documents are required for registering a One Person Company (OPC) Company?

Key documents include:
• PAN card of director.
• Proof of identity and address of director (Aadhaar, passport, driving license).
• Proof of business address (utility bill or rental agreement).
• Memorandum of Association (MoA) and Articles of Association (AoA).

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6. Is there a minimum capital requirement for One Person Company (OPC) Company registration?

There is no minimum paid-up capital required. However, the amount must be specified in the company's Memorandum of Association. It is recommended to have enough capital to cover initial business expenses.

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7. What is a Digital Signature Certificate (DSC), and why is it required?

A DSC is an electronic equivalent of a physical signature and is required to digitally sign documents submitted to the MCA for company registration. It ensures the authenticity and security of electronic transactions.

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8. What is a Director Identification Number (DIN), and how do I get one?

A DIN is a unique identification number assigned to directors of Indian companies. It is obtained by submitting an online application to the MCA, along with necessary identity and address proofs.

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9. Can a foreign national be a director or shareholder of a One Person Company (OPC) Company?

Yes, foreign nationals can become directors or shareholders in an Indian One Person Company (OPC) Company, subject to regulations under the Foreign Exchange Management Act (FEMA) and Reserve Bank of India (RBI) guidelines.

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10. What is the process for selecting a company name?

TheThe name must be unique and comply with MCA guidelines. It should not be identical or closely resemble an existing company or trademark. The name typically consists of a brand word, an activity word, and a business structure word (e.g., Pvt. Ltd.).

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11. How can I check if my desired company name is available?

You can use the MCA's name search tool to check whether your desired company name is available. It’s essential to ensure the name isn’t similar to any existing companies or trademarks.

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12. What is the difference between MoA and AoA?

• Memorandum of Association (MoA): Outlines the company’s objectives, scope of activities, and the relationship with shareholders.
• Articles of Association (AoA): Contains rules and regulations for the company’s management and daily operations.

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13. What is a Certificate of Incorporation?

A Certificate of Incorporation is a legal document issued by the MCA that certifies the existence of the company. It serves as official proof of registration.

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14. Do I need a PAN and TAN for my company?

Yes, a company must apply for a Permanent Account Number (PAN) for tax purposes and a Tax Deduction and Collection Account Number (TAN) for deducting and depositing taxes. Both are issued by the Income Tax Department.

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15. What is the SPICe+ form, and why is it used?

The SPICe+ form (Simplified Proforma for Incorporating Company Electronically) is used for online company registration in India. It combines several services such as name reservation, incorporation, and obtaining PAN and TAN in a single form.

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16. What are the compliance requirements for a One Person Company (OPC) Company?

Compliance requirements include:
• Holding an annual general meeting (AGM) once a year.
• Filing annual returns with the Registrar of Companies (ROC).
• Maintaining statutory registers and financial records.
• Filing income tax returns and GST returns (if applicable).
• Auditing financial statements annually.

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17. What is a Share Capital, and what are its types?

Share capital refers to the money raised by issuing shares. It includes:
• Authorized Share Capital: Maximum capital a company can issue.
• Issued Share Capital: Capital issued to shareholders.
• Subscribed Share Capital: Capital shareholders agree to purchase.
• Paid-up Share Capital: Amount received from shareholders.

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18. What is the role of the Registrar of Companies (ROC)?

The ROC oversees the incorporation and regulation of companies in India. It ensures compliance with the Companies Act, 2013, maintains company records, and initiates action against non-compliant companies.

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19. Can a One Person Company (OPC) Company be converted to a Public Limited Company?

Yes, a One Person Company (OPC) Company can be converted to a Public Limited Company by altering its Articles of Association and meeting other compliance requirements outlined by the Companies Act, 2013.

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20. What are the responsibilities of director in a One Person Company (OPC) Company?

Director are responsible for managing the company’s affairs, ensuring legal and regulatory compliance, maintaining financial transparency, and acting in the best interests of shareholders.

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21. Can a One Person Company (OPC) Company be closed, and how?

Yes, a One Person Company (OPC) Company can be closed voluntarily through a strike-off or liquidation process. A strike-off is faster and simpler, while liquidation involves selling the company’s assets to pay off debts.

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22. What is the difference between a One Person Company (OPC) Company and an LLP?

• One Person Company (OPC) Company: Offers limited liability and has shareholders and director. Shares can be transferred with restrictions.
• Limited Liability Partnership (LLP): Partners have limited liability, and there is no distinction between owners and management.

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23. What is the minimum number of shareholders required for a One Person Company (OPC) Company?

A One Person Company (OPC) Company must have at least two shareholders at all times.

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24. What are the post-incorporation compliance requirements?

Post-incorporation compliance includes:
• Obtaining a company PAN and TAN.
• Opening a corporate bank account.
• Issuing share certificates to shareholders.
• Filing annual returns and financial statements.
• Conducting board meetings.

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25. What is an AGM, and when must it be held?

An Annual General Meeting (AGM) is a meeting where the company presents its financial statements to shareholders. It must be held within six months of the financial year-end.

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26. Can I change the registered office of my company?

Yes, you can change the registered office of your company by filing the necessary forms with the ROC. Depending on the location, approval from the ROC or Regional Director may be required.

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27. What is the penalty for non-compliance with the Companies Act, 2013?

Penalties vary based on the nature of non-compliance but may include fines, disqualification of director, and prosecution in certain cases.

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28. How can Udyogpro help in registering a One Person Company (OPC) Company?

Udyogpro simplifies the company registration process by offering expert guidance, document preparation, name reservation, MCA filing, and post-registration support, ensuring a smooth and compliant process.

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29. What is a company strike-off, and when can it be done?

A company strike-off is the process of closing a company that is not carrying on any business. It can be done by filing an application with the ROC if the company has been inactive for over two years.

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30. Can I transfer shares in a One Person Company (OPC) Company?

Yes, shares in a One Person Company (OPC) Company can be transferred, but the Articles of Association may impose certain restrictions. The company must record the transfer and issue new share certificates to the transferee.

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