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OPC Registration in Delhi is governed by the Companies Act, 2013. Company Registration is very important because it allows the company to operate more efficiently and effectively and to achieve its business targets and objectives. Now-a-days, One Person Company is the most popular and prevalent corporate legal entity in Delhi. For One Person Company registration in Delhi, only one director, one shareholder and only one nominee director is required. One Person Company is a separate legal entity separate from its director. The nominee director of the company cannot exercise power in the company until the original director becomes incapable to contract or to manage its business. One Person Company is different from Private Limited Company in a way that an OPC can be incorporated with only one director.
Company Registration helps the company to easily raise investment or corporate loans from NRI’s and foreigners. Banks and other financial institutions prefer funding to registered company than any other normal partnership firm or proprietor. OPC registration in Delhi enables the company to easily attract quality team which sometime becomes a challenge for the new startups to hire people and put them together. One of the biggest advantages of a One Person Company in Delhi is that it is a legal entity separate from its director, subscriber and promoter offering limited liability protection to its shareholder and thus ensures perpetual existence of the company. Further, the concept of One Person Company was introduced with an aim to support entrepreneurs who on their own are capable and willing to run a business. Less documentation, less strings involved and quite simple structure makes One Person Company stand out from any other proprietor or partnership firm.
Delhi is one of the best locations to begin an OPC registration. The various reasons include that it is one of the fastest growing metro cities in India, it is a business hub, it has an eminent location by virtue of it being India’s capital city and it houses various government offices and headquarters. The city is beholder of traditional and modern businesses which will not only strengthen the OPC registered here, but also let small businesses thrive.
One Person Company registration in Delhi can be done for the following reasons:-
A One Person Company is the only type of corporate entity which can be incorporated by a single promoter. The corporate legal entity of One Person Company ensures perpetual existence of the business until it gets legally dissolved along with limited liability protection to the promoter in Delhi. This helps the promoter to manage the business more effectively and efficiently.
One Person Company has ‘perpetual succession’ which means it continues to operate until it gets legally dissolved. The company remains unaffected by the death of any of its director or promoter or because of their incapacity to contract and will continue to operate.
By altering the shareholding, directorship and nominee director information, the ownership of One Person Company can be easily transferred.
Banks and other financial institutions prefer funding to One Person Company than to any other normal partnership firm and proprietors. Since, One Person Company can only be owned by one person at all times, it is incapable of issuing different types of equity shares.
Being an artificial juristic person, One Person Company has right to acquire, enjoy and alienate property in its name without any claim of nominee director over its ownership while serving as a nominee director.
One Person Company provides limited liability protection to the partners’ credit. Partners will only be liable for unpaid shares kept by them and not for the company’s debts as in the case of normal partnership firm. In OPC, the directors, promoters and other members have no personal liability to the creditors of OPC for its debts.
One Person Company registration in Delhi is required for the following reasons:-
In an OPC, there is a single promoter, director and shareholder who are responsible for running the business of the company. This helps the company to make and execute decisions freely without any delay and to maintain business secrecy.
One Person Company provides limited liability protection to its director, promoter and shareholder. The promoter and other members of the company are not personally liable for any kind of company’s debts.
In India, One Person Company has better image and credibility in the market because of its structure. Less strings and documentation are involved in an OPC and therefore government agencies, corporate vendors etc. prefer to deal with a private limited company than any other proprietary.
Helps for testing the scope of business
OPC helps startup entrepreneur to test their business model and then using that model to earn higher profits in the future. If the business model is successful then the entrepreneurs can easily convert their OPC into multi shareholder Private Limited Company.
An OPC can easily raise funds for its business from banks and other financial institutions. Banks prefer OPC over any other normal partnership firm or proprietary because of its simple structure and less strings involved with it.
A very less documentation is required for transferring the ownership of an OPC. The ownership of an OPC can be easily transferred by simply transferring the shares.
The main benefit of OPC registration is less compliance associated with it. It is one of the easiest forms of corporate entity to manage which require very less documentation to be filed before ROC for its incorporation.
An OPC registration in Delhi involves following processes:-
Digital Signature certificate of the proposed director is required for the online application. All the documents are to be submitted online and the proposed directors are required to obtain digital signature from any government recognized certifying agencies.
Digital Identification Number is the unique identification of the director and is required for becoming the director of the company. The proposed director has to provide his identity and address proof.
The next step in OPC registration is to decide the name of the proposed OPC. A unique name has to be selected for taking the clearance from the ROC office (Ministry of Corporate Affairs). The only requirement is that the name should not resemble any existing firm, corporate or a trademark.
An online application has to be filed with the MCA. All the required documents along with the digital signature of the director and the professional have to be uploaded to the MCA site for approval.
After the verification of all the documents by the MCA a PAN and TAN of the proposed company will be generated, which have to be uploaded to MCA after affixing the DSC of the proposed Director.
After verification, the Registrar of Companies (ROC) will issue a certificate of incorporation of the proposed OPC.
Following are the minimum requirements for OPC registration in Delhi:-
The maximum number of shareholders that One Person Company can have at any point of time is one. One Person Company cannot add shareholders for raising its capital in future.
One Person Company registration in Delhi requires at least one director for its incorporation. However, OPC can have more than one director provided that they should not be a shareholder in the company.
The subscriber to the memorandum of the company appoints a person as a nominee to become the member of the company in case of subscriber’s death or his incapacity to contract. The nominee of the company must be an Indian citizen and resident in India.
One Person Company Registration requires valid Digital Signature Certificate (DSC) of all the subscribers for online application system.
The next step in one person company registration is to submit a unique name of the proposed One Person Company. The only requirement is that the name should not be similar to an existing company name or trademark.
The minimum requirement of authorized or paid up capital for an OPC registration is 1 Lac. However, the maximum limit of capital shall not exceed more than 5o Lac at any point of time.
Registered office refers to the official correspondence address which can be used for all the official communications of the company.
Following documents are required for OPC registration in Delhi:-
Documents of Director
At the time of registration, the director and the nominee director are required to submit their Pan card as a primary identity proof.
Address Proof includes partner’s voter ID, passport, driving license or Aadhaar card.
Residence proof includes bank statement, telephone bill, mobile bill, electricity or gas bill. The only requirement is that the document should not be more than 2-3 months old.
Director and the nominee director are required to provide a recent passport size photograph with white background.
The following documents are required to be submitted by OPC:-
If the registered office is on rent, then a rent agreement along with a no objection certificate from the landlord has to be submitted. Besides, documents like electricity bill, gas or telephone bill is also required.
Note: The documents have to be submitted during registration, or within 30 days of incorporation of OPC.
For OPC Registration in Delhi, the partners of the OPC must have digital signature. During One Person Company Registration the partners are required to submit duly signed digital signature application along with other incorporation documents.
Following are the benefits of One Person Company registration in Delhi:-
Banks and other financial institutions prefer funding to a registered One Person Company than any other normal partnership firm or proprietorship. So, OPC enjoys wide options to raise funds from banks, venture capitalists, angel investors etc. because of its private limited structure. One Person Company registration helps the company to easily raise funds from banks and other financial institutions.
OPC registration enables the company to avail the benefits of Startup India Scheme because to be eligible under Startup India Scheme a company must be registered under the Companies Act, 2013.
One Person Company provides limited liability protection to the partners’ credit. In OPC, the directors, promoters and other members have no personal liability to the creditors of OPC for its debts. Partners will only be liable for unpaid shares kept by them and not for the company’s debts as in the case of normal partnership firm.
Investors are attracted towards an OPC because an OPC involves less paperwork, less strings and are easily manageable.
Selling an OPC is quite simple. Very less documentation and less cost is involved in selling a private limited company.
One of the most challenging tasks for the startups is to hire people and put them together for a long time. Due to the confidence attached to One Person Company structure it is easy to keep people associated for long time with the business by continuously motivating them with corporate designations.
One Person Company has only one Director and one nominee director. The nominee director is appointed by the subscriber of the company. The main director is responsible for all business of the company while the nominee director can exercise function only when the main director is incapable to do business or make decisions.
No, one person can incorporate only one OPC Registration in India at a time.
No, it’s not mandatory for One Person Company to conduct regular meetings. They get exemption from conducting Annual General Meeting and Ordinary General Meeting from the Company Law.
The minimum capital requirement to start an OPC is 1 Lac. Also, the maximum limit to the share capital of an OPC cannot exceed more than 50 Lac.
No, it’s not mandatory to convert an OPC into a private limited company. However, an OPC can only be converted into a private limited company if the company’s gross turnover in preceding three financial years exceeded 2 crores or paid up capital crosses over Rs. 50 Lac.
To be a director or nominee in an OPC, it is required that the person must be an Indian citizen, over 18 years of age and is a natural person.
The address of the registered office of the One Person Company in Delhi is required. However, the office can be commercial/ industrial/ residential for the official communication of the company.
No, you are not required to be present in person to incorporate a company. All you need to do is to send all the documents scanned to our Company Vakil office.
OPC registration does not require much documentation, only an identity and address proof of the proposed director and nominee is required along with their PAN card. Also, during one person company registration one has to provide a No Objection Certificate (NOC) from the landlord as a proof of the registered office.
Usually, one person company registration takes 7-15 days for getting approval from the Registrar of Companies office.