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One Person Company

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One Person Company

One Person Company (OPC) is a company incorporated by a single person. Before the enforcement of the Companies Act, 2013, a single person could not establish a company. If an individual wanted to establish his business, he/she could opt only for a sole proprietorship as there had to be a minimum of two directors and two members to establish a company.

As per Section 2(62) of the Company’s Act 2013, a company can be formed with just 1 Director and 1 member. It is a form of a company where the compliance requirements are lesser than that of a private company.

The OPC receives a separate legal entity status from the member. The separate legal entity of the OPC gives protection to the single individual who has incorporated it. The liability of the member is limited to his/her shares, and he/she is not personally liable for the loss of the company. Thus, the creditors can sue the OPC and not the member or director.


Features of One Person Company

Only 1 Director and a member.

A nominee should be appointed before incorporation.

It is easy to incorporate OPC as only one member and one nominee is required for its incorporation. The member can be the director also.

Companies Act, 2013 has not prescribed any amount as minimum paid-up capital for OPCs

OPC is a private company, it is easy to go for fundraising through venture capitals, angel investors, incubators etc.

Since a single person can establish and run the OPC, it becomes easy to manage its affairs. It is easy to make decisions, and the decision-making process is quick.

No requirement to hold annual general meetings.

A company secretary is not required to sign annual returns; directors can also do so

Requirements for Registration of Private Limited Company

Since there are only 1 Director and a member, a nominee on behalf of such a person has to be appointed. Identity and address proof of the directors is required.

The company must send its name to the Registrar of Companies (ROC) for its approval.

The company owner must provide the company’s registered office address. Copies of utility bills such as water, electricity or gas bill, not older than two months. if rented NOC from the property owner.

Directors must obtain a DSC before applying for registration

Certification by professionals is necessary