One Person Company (OPC) is still a new form of business for many people, although it has been introduced by the Government of India along with the enactment of the Companies Act, 2013.Before the enactment of the Companies Act, 2013; there was no concept of One Person Company (OPC) in India. If a person wanted to carry on his own business without dilution of control in business, he may have formed a Sole Proprietorship firm or HUF.
With the advent of OPC Registration becoming a reality and alternate form of business for Solopreneurs, there has been surge in the number of businesses who got registered and enjoyed all the features and benefits which only a company form of business has to offer. OPC Private Limited provides a combination of Limited liabilities Feature along with full control over the business as there is only one Member/ Shareholder in OPC type of Private Limited. These are the few reasons why Registration of Company in the form of OPC Registration have significantly increased over these years and preferred by Entrepreneurs who were earlier doing freelancing in Proprietorship Firm.
However, while analyzing the market and startup founder issues and sentiments, it has been observed that many are confused about the procedure to be followed for registering a OPC Private Limited and most importantly with the Documentation Part.
In this write-up, we are going to discuss about the documents required for registration of OPC under the Companies Act, 2013.
BEFORE PROCEEDING TO THE DOCUMENTATION PART, LET US FIRST UNDERSTAND THE MEANING OF ONE PERSON COMPANY (OPC)
According to Section 2(62) of the Companies Act, 2013:
“One Person Company”means a company which has only one person as a member. That means OPC is a company in which only one member is required to incorporate a company.
Note: While incorporating an OPC Private Limited, the single member needs to appoint a nominee who will become the member of such OPC after the death of present member. The nominee will run the company in the member’s place. The owner of OPC may change the Nominee of such OPC anytime in future by filing the prescribed form with MCA.
NOW, LET US COMPREHEND AND UNDERSTAND BASIC DOCUMENTATION TO REGISTER A OPC PRIVATE LIMITED
We can register a OPC by following the few simple steps as prescribed under the Companies Act, 2013. In each step, some documents are required to be attached along with the Incorporation forms filed with MCA for OPC Registration.
The step wise list of documents required for OPC Registration are provided below:
For Name Reservation of the OPC: Before filing the complete incorporation form, the applicant may reserve the name of the Proposed OPC in MCA Portal www.mca.gov.in through the FORM SPICe+ Part A. The name will be reserved for twenty(20) days from the date of Name Approval Letter. For your information, it is not mandatory to first reserve the name and then file for the complete incorporation. The applicant may also file the Incorporation Forms directly through SPICe+ form which include eForm SPICe+ Part A.
Note: In General, no document share mandatory for reservation of the proposed OPC name. However, in certain cases the following documents are required to be attested along with SPICe+ Part A.
| Cases (Exact Situations) | Document Required |
| Where the name, selected by the Applicant, resembles same with the name of an existing company | No objection Certificate, by way of a Board resolution, is required from existing company. |
| Where the Prefix used by the Applicant is same as the Trademark Registered under Trademark Portal www.ipindia.gov.in with the name of an existing company | No objection Certificate is required from the Registered Proprietor of that Trademark. Where the Trademark is registered in the Name of Company, NOC shall be in the form of Board Resolution. |
| Optional Attachment | Applicant may attach the relevant document supporting the proposed name of the Company |
For Submitting detailed application of OPC Registration: Once the Name is reserved on the MCA Portal. The applicant has to file Complete Incorporation Form within 20 days from the date of Name approval, through filing SPICe+ form in MCA Portal. The following documents are required to be attested along with this application:
Documents of Director and Subscriber:
- Photograph (Passport Size)
- Self-Attested copy of PAN Card (Mandatory)
- Self-Attested copy of Aadhar Card (Optional)
- Self-Attested copy of Identity Proof – Passport OR Driving License OR Voter Id
- Self-Attested copy of Proof of Residential Address – Bank Statement OR Electricity Bill OR Mobile Bill OR Telephone Bill
Note: Only a natural person who is an Indian citizen and resident in India shall be eligible to act as a member and nominee of an OPC. That means a Foreign National and an artificial person is not eligible to set up an OPC.
2. Documents of Nominee of OPC:
- Photograph (Passport Size)
- Self-Attested copy of PAN Card (Mandatory)
- Self-Attested copy of Identity Proof – Passport OR Driving License OR Voter Id OR Aadhar card
- Self-Attested copy of Proof of Residential Address – Bank Statement OR Electricity Bill OR Mobile Bill OR Telephone Bill
3. Registered office address of the proposed OPC: If the address for correspondence mentioned in Incorporation Form by the applicant is the address of registered office of the OPC, then following attachments are mandatory:
- Utility Bill of Registered office of the Company – Mobile Bill or Telephone Bill or Electricity Bill or Gas Bill, not older than two months from the date of filing Incorporation, depicting the Name of Owner of the Property.
- NOC from owner of the Property– Where title of the property is in the name of any person other than Company, No Objection Certificate is required from the owner of the property. Please note that NOC is also required if the property is in the name of Director of the Company.
- Proof of office address–If the Property is in the name of Third Party i.e., other than Company and its Directors and Shareholders, a Notarized Rent Agreement or Lease deed is also required along with the Rent receipt.
4. Specimen Signature from the Employer of the OPC (Employers may be the director/Member of OPC): The specimen signature is the document containing the signatures of the employers of the company required for the purpose of registration Employees’ Provident Fund Organisation. This document is attached with the eform AGILE-PRO-S which is filed along with the Incorporation form.
5.Other Relevant Documents: There are some other draft documents which is to be signed by the proposed director(s) or the shareholder as the case may be, namely:
- DIR-2: Consent of Directors to act as the Director of the Company.
- DIR-8: Intimation by Director with respect to its Directorship and Disqualification, if any.
- General Declarations by directors and shareholders.
6. Certification from Practicing Professionals: The Companies Act, 2013 mandates the certification of Incorporation form from the Practicing Company Secretary or Practicing Company Secretary or Practicing Cost Management Accountant or Advocate in prescribed form. The form prescribed form for certification is INC-8
In the above paras, we have covered all the documentation requirement that is relevant for the OPC Registration. Once the applicant compiles all the above-mentioned documents, he/she may submit the Integrated SPICe+ Incorporation form on MCA portal www.mca.gov.into get its company registered under the Companies Act, 2013.
We at Compliance Calendar LLP have a dedicated team of Professionals who may help you in drafting of all the required documents. If you want to register a company, just provide with us the basic KYC documents of Directors and Shareholder and we will draft all the other relevant documents required to be attach in Incorporation forms. are well equipped with the provisions of the Companies Act, 2013 and other applicable laws, to ensure that the company fulfill its compliance requirements on time. We let the owners to focus on its core area of work and leave the compliance burden on us. If you have any query, you are welcome to write to us at info@ccoffice.inor connect at 9988424211.