OPC Incorporation

  • The companies Act, 2013 introduced the concept of One Person Company(OPC) in India where a company can be incorporated with one director and one shareholder only.
  • The benefit of OPC is available till the average turnover is up-to 2 crores and paid up capital is up-to 50lacs during the preceding financial year.
  • Apply for DSC
    • The first step involved is being obtaining of Digital Signature Certificate(DSC) for which following documents are required
      • A DSC Form is required to be filled
      • Aadhar Card
      • Pan Card
      • Photo
      • Email id
      • Phone number
  • Apply for DIN
    • With effect from January 2018, DIN can be applied within SPICe form up to a maximum of 3 directors.
  • Name Approval
    • For getting the approval of the desired name of the company, RUN (Reserve Unique Name) is required to be filed with MCA, Ministry has decided to permit two proposed names to be filed along with one re-submission option.
  • Filing of SPICe form:
    • Mandatory attachments of SPICe Form:
      • SPICe-MOA: Memorandum of Association describes the name, address, capital, shareholders and objects of the company.
      • SPICe-AOA: Articles of the Association lays down the by-laws on which the company will operate.
      • Since there is only 1 Director and 1 member, a nominee director on behalf of such person must be appointed because in case he becomes incapacitated or dies and cannot perform his duties the nominee director will perform on behalf of the original director and take his place. His consent in Form INC – 3 will be taken along with his PAN card and Aadhar Card.
      • Copy of the Registered office of the proposed Company along with the proof of ownership and a NOC from the owner.
      • Affidavit and Consent of the proposed Director of the company in Form INC -9 and DIR – 2 respectively.
      • A declaration by the professional in practice certifying that all compliances have been made.
      • All these documents will be attached to SPICe Form, along with the DSC of the Director and the professional and will be uploaded to the MCA site for approval.
      • After uploading, Form 49A and 49B will be generated for the PAN and TAN generation of the Company which needs to be uploaded to MCA after affixing the DSC of the proposed Director.
  • Issue of COI:
    • After the verification of the documents by the Ministry, a Certificate of Incorporation (COI) shall be issued.
Fill form for OPC Incorporation