OPC Incorporation: Process and Documentation By CS Lalit Rajput


One Person Company (OPC):
 
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.

Procedural Steps:

Step 1: Apply for DSC
 

Address Proof

Aadhaar card

PAN card

Photo

Email Id

Phone Number

 
Step 2: Apply for DIN
 

Form DIR - 3

w.e.f. January 2018, the applicant need not file Form DIR-3 separately. Now DIN can be applied within SPICe form for up to three directors.                 

 
Step 3: Name approval with MCA
 

The name of the Company will be in the form of “ABC (OPC) Private Limited”

2 options :

1) application in Form SPICe 32 or

2) by using RUN Web service of MCA by giving only 1 preferred name along with the significance of keeping that name.

w.e.f. March 23, 2018, Ministry has decided to permit two proposed Names and one re-submission (RSUB) while reserving Unique Names (RUN Service) for the Companies.

 
Step 4: Documents Required
 

MOA

AOA

INC - 3: for nominee details along with Aadhaar & PAN of the nominee

Proof 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 Form INC -9 and DIR – 2 resp.

A declaration by the professional certifying that all compliance have been made.

 
Step 5: Filing Forms with MCA
 

SPICe Form, SPICe-MOA and SPICe-AOA along with the DSC of the Director and the professional.

Form 49A and 49B will be generated for the PAN and TAN generation of the Company which has to be uploaded to MCA after affixing the DSC of the proposed Director.

 
Step 6: Issue of certificate of Incorporation
 
On verification, the Registrar of Companies (ROC) will issue a Certificate of Incorporation and we can commence our business.
 
Note ** For Name availability under RUN Web service, there is no prior requirement to obtain DSC and DIN.

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