Introduction

A One Person Company (OPC) is a type of business structure in India that allows a single entrepreneur to operate a corporate entity with limited liability. Introduced under the Companies Act, 2013, OPC is a great option for small business owners who want to enjoy the benefits of a private limited company while maintaining full control over their business.

If you’re planning to register an OPC in India, this guide will walk you through the legal process, required documentation, and key steps involved.

Step-by-Step Process for OPC Registration

Step 1: Obtain Digital Signature Certificate (DSC)

The first step is to obtain a Digital Signature Certificate (DSC) for the sole owner (director) of the OPC. Since the registration process is entirely online, DSC is required for digitally signing the documents.

• Apply for DSC from a government-approved certifying authority.
• Submit proof of identity (Aadhaar, PAN) and address proof (passport, utility bills, etc.).
• The DSC is issued in 1–3 working days.

Step 2: Apply for Director Identification Number (DIN)

Every director in an OPC must have a Director Identification Number (DIN), which is issued by the Ministry of Corporate Affairs (MCA).

• DIN can be obtained by filing the SPICe+ (Simplified Proforma for Incorporating Company Electronically) form online.
• Submit identity proof, address proof, and the director’s photograph.

Step 3: Name Reservation Through RUN Application

The next step is to reserve a unique name for the OPC. The name should follow the prescribed naming conventions under the Companies Act, 2013.

• File the “RUN” (Reserve Unique Name) application on the MCA portal.
• The name must include “(OPC) Private Limited” at the end.
• The MCA will approve or reject the name within 1–2 business days.

Step 4: Drafting the Memorandum and Articles of Association (MOA & AOA)

The OPC must draft its Memorandum of Association (MOA) and Articles of Association (AOA), which define the business objectives and rules governing the company.

• MOA states the business activities and objectives.
• AOA outlines the company’s operational rules and management structure.

Step 5: Nominee Appointment

Unlike other business structures, an OPC requires a nominee who will take over the business in case the sole owner is unable to continue.

• The nominee must provide their consent in Form INC-3.
• Their PAN and Aadhaar details are required for verification.

Step 6: Filing the SPICe+ Form for Incorporation

Once the name is approved, the incorporation process is completed by filing the SPICe+ form, which includes:

• MOA and AOA
• Director and nominee details
• Registered office address proof
• Declaration and consent from the director and nominee

Step 7: Issuance of Certificate of Incorporation (COI)

After verifying the documents, the Registrar of Companies (ROC) will issue a Certificate of Incorporation (COI), which officially recognizes the OPC as a registered business entity.

Documents Required for OPC Registration

1. Identity Proof – PAN card of the director and nominee
2. Address Proof – Aadhaar card, Voter ID, Passport, or Driving License
3. Registered Office Address Proof – Electricity bill, Rent Agreement, or No Objection Certificate (NOC) from the landlord
4. Memorandum of Association (MOA) and Articles of Association (AOA)
5. Declaration of Compliance (Form INC-9)
6. Nominee Consent Form (INC-3)

Compliance After Registration

After successful registration, an OPC must comply with several post-incorporation requirements:

1. PAN and TAN Application – Obtain the company’s PAN and TAN for tax-related transactions.
2. Bank Account Opening – A separate business bank account must be opened.
3. GST Registration – If annual turnover exceeds ₹20 lakh (₹10 lakh for special states), GST registration is mandatory.
4. Annual ROC Filings – An OPC must file annual financial statements and returns with the Registrar of Companies (ROC).
5. Income Tax Return Filing – The OPC must file income tax returns under the applicable tax slabs.

Conclusion

Registering an OPC in India is a structured and legally binding process that offers entrepreneurs the advantage of limited liability and corporate identity. However, legal documentation and compliance can be challenging for first-time business owners.

This is where ASK ASSOCIATES comes in—our expert team simplifies the entire OPC registration process, ensuring smooth documentation, legal compliance, and hassle-free approvals. Contact us today to kickstart your business without legal worries!