ONE PERSON COMPANY

One Person Company (OPC) is a company formed by a single person under the Companies Act, 2013 with minimum 1 director and member and a minimum authorised capital of ₹ 1,00,000. There is no such requirement of minimum paid up capital. It has to be treated as a Private Company.

Procedure to incorporate OPC:
  • Apply for digital signature of authorised signatory or proposed directors.

  • Create a login id on MCA (Ministry of Corporate Affairs) portal http://www.mca.gov.in

  • Apply for the name of the company by any of the 2 options mentioned below-

    • Apply for Name approval in Form RUN ((Reserve Unique Name). This can be used where you are not sure about the availability of name of the company you want and need choices in name.
    • Apply for Name approval in Form SPICe+, along with other details related to incorporation.
    • Notes
    • SPICe+ has 2 parts, PART A and PART B. PART A is for name reservation while PART B is for incorporation. You can file PART A and B either separately or together. In case they are filed separately, you have choice of proposing 2 names in PART A but if case they are filed together, you can propose only 1 name for your company.
    • Name should contain the words "OPC", i.e., One Person Company.
  • Click on MCA Services. Go to SPICe+. Click on new application.

  • Fill PART A of the form SPICe+ related to name availability and either submit it after auto-check or proceed to PART B related to incorporation. PART A requires the following details:

    • Type of company

    • Class of company

    • Category of company

    • Sub-category of company

    • Main division of industrial activity of the company

    • Description of the main division

    • 2 options for name of the OPC

  • Fill in the basic details asked for in PART B related to incorporation of the proposed company, like

    • Registered address of the company or Correspondence address of the company,
    • Subscribers' and Directors' details,
    • Capital structure of the company,
    • OPC nomination details,
    • Information in relation to PAN and TAN Application.
  • For OPC, nominee consent is required in Form INC-3 which shall be submitted as an attachment to SPICe+. OPC nomination details include the following:
    • Name of subscriber and nominee (Proposed nominee should not be nominee in any other OPC)
    • Basic details of nominee- DIN, Name, Father's name, Gender, Date of Birth, Nationality, PAN, Aadhar no., Occupation detail, Educational qualification, Permanent address
    • Registered address of the company or Correspondence address of the company
    • Subscribers' and Directors' details,
    • Capital structure of the company,
    • Information in relation to PAN and TAN Application.
  • Upload the attachments required in the web form.
  • Click on all check box declarations and then on pre-scrutiny.
  • Once pre-scrutiny is successful, submit it.
  • Download SPICe+ PART B pdf to affix digital signature.
  • File AGILE-Pro Web forms (INC-35), as these are now mandatory at the time of incorporation.
  • Upload SPICe+ PART B along with all other linked forms after affixing digital signature.
  • You will get a SRN (Service Request Number) on successful upload, and then make payment.
  • Notes
    • AGILE-Pro web forms contain application for GSTIN/ EPFO/ ESIC/ Profession Tax Registration (in Maharashtra) and Opening of Bank Account.
    • Linked forms include eMOA, eAOA, INC-9, AGILE-Pro.
    • SPICe+ is INC-32, eMOA is INC-33, eAOA is INC-34
    • PDF copies of MOA, AOA, etc. are allowed as attachment only in exceptional cases.

Documents required as mandatory attachments in the form:

  • Memorandum of Association - eMOA
  • Articles of Association - eAOA
  • Declaration by first subscribers and directors - INC-9
  • Proof of office address- Copy of utility bills like electricity bill, water bill, etc. not older than 2 months (permitted by MCA) or rent/ lease agreement and NOC (in case rented)
  • Proof of identity and residential address of subscribers and applicants
  • Declaration by a professional
  • Photographs of proposed directors (for AGILE-Pro)
  • ddress proof, Aadhaar card, PAN card, Photograph, E-mail id and Phone no. of authorised signatory or proposed directors (for DSC).
  • Note
    • Applicant is required to self- attest all the documents.
    • Ensure that the documents are clear and legible.