About the OPC license registration (OPC), a new concept has been introduced in the Companies Act 2013. A private company has at least 2 directors and members while a public company has at least 3 directors and at least 7 members. A single person couldn’t join a company before.
But now according to Article 2 (62) of the Companies Act 2013, a company can be formed with only 1 director and 1 member. This is a form of a company where the requirements for compliance are less than that of a private company.
One Person Company (OPC) Registration Process
Step 1: Apply for DSC
Step 2: Apply for DIN
Step 3: Apply Name Approval
Step 4: Documents Required
Step 5: Fill out the form with the MCA
Step 6: Issue the organization’s certificate
* For the availability of names under the RUN web service, there is no pre-requisite to obtain DSC and DIN.
This can be done through the Account Login on the MCA Portal.
- Apply for a DSC: The first step is to obtain the Digital Signature Certificate (DSC) of the proposed Director which requires the following documents:
Proof of Address
- Apply for DIN: Once the Digital Signature Certificate (DSC) is created, the next step is to submit the Director’s Identification Number (DIN) with the Director’s Identification Number and Address Verification for the proposed Director’s Spike Form. Form DIR-3 is the only option available to existing companies. This means that from January 2018, the applicant is not required to fill out the DIR-3 form separately. DIN can now be applied to up to three directors in the spike form.
- Name Approval Application: The next step in including an APC is to decide on the name of the company.
There are 2 options available to approve the name by applying for Form SPICE 32 or using only 1 preferred name using the MCA’s RUN Web service, with the importance of naming them. However, from March 23, 2018, the Ministry has decided to allow two proposed names and one to be resubmitted (RSUB) with reserved names for companies (RUN Services). “Register Under Other Service Provider‟ (OSP) means a company providing Application Services.
Once the name has been approved by the MCA, we move on to the next step.
- Association Memorandum Association A Association (MO) which describes the company to be followed or the business for which the company is going to join.
- Articles of Association (A) that outline the by-laws on which the Company will operate.
- That was it. Since there is only 1 Director and one member, the nominee has to be appointed on such person as he becomes disabled or dies and cannot perform his duties, will take over as the nominee director. In Form INC-3, he will be accompanied by his PAN card and Aadhar card.
- Proof of Proposed Company’s Registered Office along with Proof of Ownership and an NOC from the Owner
- Affirmative statement and consent of the proposed Director of Form INC-9 and DIR – 2s.
- A declaration by a professional verifying that all has been complied with.
Fill out the form with M. MCA: All these documents will be attached to the Director’s DSC and professionals with SPIC form, Spice-MOO and SPICE-A, and will be uploaded to the MCA site for approval.
After uploading, Forms 49A and 49B will be prepared for the PAN and TN generation of the company to upload to the MCA after pasting the proposed Director’s DSC.
- Issuance of Certificate of Organization: Upon certification, the Registrar of Companies (ROC) will issue an organization certificate and we can start our business.