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One Person Company
A One Person Company (OPC) is a type of business entity in India that is similar to a private limited company, but it is designed for sole proprietors who want to have the benefits of a separate legal entity while limiting their personal liability.
An OPC can be incorporated by a single person as a separate legal entity with limited liability protection for its owner. The owner is considered as both the shareholder and the director of the company. The OPC incorporation process is similar to that of a private limited company but with fewer compliance requirements.
One Person Company has to appoint a nominee, who shall become the Director of the Company in the event of the subscriber's incapacity or death. OPCs are required to hold annual general meetings and maintain proper books of accounts and appoint auditors or file annual returns with the Registrar of Companies (ROC).
An OPC can be converted into a private limited company if it meets certain criteria such as if the paid-up share capital of the company exceeds INR 50 Lakhs or its average annual turnover during the relevant period exceeds INR 2 crores.
Letsstart, a leading legal services provider for startups and entrepreneurs offers an easy and affordable company incorporation service in India. We handle the legal paperwork and comply with all the Ministry of Corporate Affairs (MCA) requirements. Upon successful incorporation of your company, you will be issued an Incorporation Certificate (CoI), along with the PAN Card and TAN of the Company. Now you can open a current bank account and start your business.
Why choose a One Person Company?
You can enjoy several advantages by starting a One Person Company, including:
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Less compliance: Although an OPC is required to comply with provisions applicable to private limited companies but it has been provided with a number of exemptions and therefore has a lesser compliance-related burden.
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Organised sector of proprietorship company: The OPC transforms the unorganised sector of proprietorship into the organised form of a private limited company. Various small and medium-sized businesses operating as single owners can now enter the corporate realm.
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Separate legal entity: An OPC is considered a separate legal entity from its owner, allowing it to enter into contracts, borrow money, sue and be sued in its own name.
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Limited liability: The OPC's liability is limited to the amount invested by the single Member. This ensures that the single Member's personal assets are not at risk in the event of a loss.
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Ease of formation: The incorporation process for an OPC is similar to that of a private limited company but with fewer documentation requirements, making it relatively easy to set up.
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Social recognition for your business: One Person Company is a Private Limited Structure which is the most popular business structure in India. This gives suppliers and customers a sense of confidence in business. Large companies prefer to deal with private limited companies instead of proprietorship firms. This helps the entrepreneur to attract a quality workforce and helps to retain them by giving corporate designations, like directorship. These designations cannot be used by proprietorship firms.
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Easy to get loan from banks: Banking and financial institutions prefer lending money to a company rather than a proprietary firm. In most of the situations, banks insist the entrepreneurs to convert their firm into a Private Limited company before sanctioning funds. So it is better to register your startup as a One Person Company rather than a proprietary firm.
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Single owner: Justifying the name, an OPC is literally owned by a single person. The responsibility of managing and running the business rests wholly on the sole Member. This leads to fast decision-making and execution. However, an OPC can have as many as 15 directors.
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Easy to manage: In an OPC, as there is only one member, the coordination, organization and management between various Members/Directors is not required, making it easy to run the Company in a hassle-free manner.
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Perpetual succession: An OPC enjoys continuous existence until it is dissolved statutorily. In case of death or departure of the sole member, the appointed nominee continues to operate and run the business.
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Tax flexibility and savings: In an OPC, it is possible for a company to make a valid contract with its member/director. This means as a director you can receive remuneration, as a lessor you can receive rent, as a creditor you can lend money to your own company and earn interest. Directors’ remuneration, rent and interest are deductible expenses which reduces the profitability of the Company and ultimately brings down taxable income of your business.
What are the documents required?
Without valid identity and address proof, a one person company cannot be formed in India. The documents that the Ministry of Corporate Affairs (MCA) accepts for the online company incorporation are listed below:
Passport size photo of the Director & Nominee
PAN card of the Director & Nominee
Proof of identity of both the promoters (any one of the below)
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Aadhaar Card
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Passport
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Voter ID
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Driving License
Proof of residential address of the Director & Nominee (any one of the below)
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Bank Statement
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Electricity Bill
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Mobile Bill
Utility bill of office address (any one of the below)
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Electricity Bill
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Gass Bill
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Mobile Bill
Rent agreement, if the office premises is rented
Please Note: All the scanned documents must be clear & the text in the documents must be legible.
What are the minimum requirements?
The following conditions must be satisfied to start a One Person Company:
Minimum one shareholder and one nominee
Minimum one director
The director and shareholder can be the same person
The director must be an Indian resident
The directors must have a Director Identification Number (DIN)
Minimum authorised capital of ₹100,000 (Rs. One Lac)
No requirement for minimum paid up capital of the company
What all do you get?
Company Name Approval
Certificate of Incorporation
Company PAN & TAN
Company Masterfile
DIN for 1 Director
Memorandum of Association
GST Certificate
Bank Account Opening
DSC for Director & Nominee
Articles of Assocaition
MSME Certificate
PF & ESIC + Professional Tax
What are the charges for OPC formation?
The cost of incorporation of a One Person Company in India depends on multiple variables, including the number of directors, share capital, state in which the company is getting incorporated, and professional expenses.
Our Comprehensive Registration Package Includes:
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Government Fees
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Name Approval Fee: Fees for obtaining name approval from the Ministry of Corporate Affairs (MCA).
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Filing Fees: Costs associated with filing forms and documents with the Registrar of Companies (ROC).
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Stamp Duty: Charges levied by the State Government as per the company's authorised capital.
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DIN & DSC Fees
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DIN Fees: Charges for applying for the Director Identification Number (DIN) of the Director.
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DSC Fees: Charges for applying for the Digital Signature Certificate (DSC) of the Director and Nominee.
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Professional Fees
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Consultation and Advisory: Expert guidance on the best business structure and compliance requirements.
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Document Preparation: Assistance in preparing all necessary documents, including MOA and AOA.
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Other Fees
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PAN & TAN Application: Fees for obtaining Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).
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Other Certificates: Support for getting GST Certificate, MSME Certificate, etc.
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How it works
Consultation
Schedule a free consultation call with our experts to discuss your business needs and goals. Our team will provide personalized advice on the best business structure and services for your specific requirements.
Documentation
We help you gather, prepare, and verify all necessary documents. Our comprehensive checklist and expert guidance ensure that your paperwork is complete and accurate, reducing delays and complications.
Processing
Once your documents are ready, we handle the entire incorporation process. Our team keeps you informed with regular updates, ensuring a smooth, stress-free and transparent experience from start to finish.
Completion
Achieve Milestones Effortlessly as you receive your Certificate of Incorporation and compliance documents promptly. Our full support ensures you’re ready to start and operate your business successfully.
Ongoing Support
Stay compliant and stay confident with Letsstart by your side. Our comprehensive corporate compliance services ensure your business adheres to all legal requirements, allowing you to focus on growth and success.
Our Clients love us!
Frequently Asked Questions (FAQs)
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What is a DIN?DIN is an eight digit unique Director Identification Number, with a life time validity, allotted by the Central Government to any person intending to be a Director or an existing Director of a Company.
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What is a DSC?A Digital Signature Certificate (DSC) is the digital equivalent (electronic format) of physical or paper certificate. Digital signatures provide the highest levels of assurance about the signer's identity and the authenticity of the documents they sign.
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Is a Company required to re-register in the future?No, a Company is not required to be re-registered. A Company has perpetual succession, which means it enjoys continuous existence as long as the Company complies with the statutory and regulatory filings.
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Can a home address be used as the registered office address of the Company? Is it possible to change the address after incorporation?Yes, a home address can be used as the registered office address of the Company, which can also be changed after incorporation.
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What is ROC?The Registrar of Companies (ROC) is an office under the Ministry of Corporate Affairs (MCA), which is the body that deals with the administration of Companies and Limited Liability Partnerships in India.
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Are the Directors or Shareholders required to visit the ROC for the incorporation of their Company?The entire incorporation process is completed online. The incorporation documents are filed electronically and don’t require the Directors or Shareholders to visit the ROC physically.
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Are their any rules to choose the Company name?There are certain naming guidelines put in place by the Registrar of Companies, which are required to be followed. Abiding by the guidelines ensures easy approval of the name.
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Can I work in a company as a salaried employee and also be the Director of my own Company?Yes, an employee of a Company can also be a Director in another company. However, the terms of the employment/service agreement/appointment letter have to be checked to ensure there are no restricting clauses.
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What is the minimum capital requirement for incorporating a Company and how is it invested in the business?There is no specific minimum capital requirement for incorporating a Company. The capital must be deposited by the Shareholders in the bank account of the Company for running the business.
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Can NRIs or foreign nationals incorporate a Company in India?Yes, NRIs or foreign nationals can incorporate a Company in India. However, the Act requires at least one of the Directors to be an Indian Resident.
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What is the meaning of limited liability?Limited liability is a form of legal protection for shareholders and owners that prevents individuals from being held personally responsible for their Company’s debts or financial losses. It is the condition by which shareholders are legally responsible for the debts of a Company only to the extent of the nominal value of their shares.