What we do
Our work in this practice group is structured around the records, deadlines, and decisions involved:
- Separate legal identity for the business.
- Limited liability protection subject to applicable law.
- Single-member corporate ownership structure.
- Assistance with MCA incorporation procedures.
- Guidance on nominee appointment and related documentation.
- Proper preparation of incorporation documents and statutory forms.
- Post-incorporation compliance guidance for the newly incorporated OPC.
How the engagement works
OPC incorporation is governed primarily by the Companies Act, 2013, applicable rules, notifications, and procedures prescribed by the Ministry of Corporate Affairs (MCA). The incorporation process involves satisfying applicable eligibility conditions, obtaining required digital signatures and identification numbers, reserving the company name, preparing constitutional documents, filing incorporation forms, and completing prescribed declarations and other requirements. Eligibility and compliance requirements should be evaluated according to the provisions applicable at the time of incorporation.
Scenario 1: An individual entrepreneur wants to start a business through a separate corporate legal entity without bringing in additional members.
Scenario 2: A professional or service provider wants a structured corporate entity with single-member ownership.
Scenario 3: An entrepreneur wants limited liability protection and a formal corporate structure for business operations.
Scenario 4: A sole proprietor wants to evaluate whether transitioning to an OPC structure would be suitable for the business.
Scenario 5: An entrepreneur wants professional assistance with MCA documentation, incorporation filing, and nominee-related requirements.
Eligibility & Structure Assessment
We review the proposed business, promoter details, applicable eligibility conditions, proposed activities, nominee requirements, and other incorporation considerations.
Name Selection & Reservation
We assist with selecting an appropriate company name and completing the applicable name reservation process with the MCA.
Digital Signature & DIN Support
We assist with obtaining or coordinating the required Digital Signature Certificates and Director Identification Number-related incorporation requirements.
General questions
01What is a One Person Company (OPC)?
An OPC is a company structure under the Companies Act, 2013 that has a single member, subject to the applicable legal conditions. It provides a corporate structure with a separate legal identity.
02Who can register an OPC?
Eligibility for forming an OPC is subject to the conditions prescribed under the Companies Act, 2013 and applicable rules. Eligibility extends to natural persons who are Indian citizens, and eligibility now also extends to Non-Resident Indians (NRIs) subject to applicable stay conditions (e.g. 182 days in India) and statutory requirements.
03Is a nominee required for an OPC?
Yes. An OPC is required to nominate a person who may become the member of the company in specified circumstances, subject to the applicable Companies Act provisions and prescribed documentation.
04What documents are required for OPC registration?
Common documents include identity and address proof of the proposed member and nominee, photographs, registered office proof, utility bill, owner consent where applicable, declarations, and other documents prescribed by the MCA.
05How long does OPC registration take?
The timeline depends on name availability, document completeness, MCA processing, government approvals where applicable, and whether the incorporation application requires clarification or resubmission.
06What are the benefits of an OPC?
An OPC can provide a separate legal identity, limited liability subject to applicable law, a structured corporate framework, and single-member ownership. Whether it is the right structure depends on the entrepreneur’s business objectives and compliance requirements.
07Does an OPC have ongoing compliance requirements?
Yes. An OPC is required to comply with applicable annual filings, financial statement requirements, statutory records, tax obligations, and other requirements under the Companies Act and other applicable laws.
