OPC Registration In Delhi NCR

OPC Registration in Delhi NCR

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.

Reasons for an OPC Registration in Delhi NCR

One Person Company registration in Delhi can be done for the following reasons:-

• Single Promoter:

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.

• Uninterrupted Existence:

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.

• Easy Transferability:

By altering the shareholding, directorship and nominee director information, the ownership of One Person Company can be easily transferred.

• Borrowing capacity:

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.

• Owning Property:

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. 

• Limited Liability Protection:-

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.

Why do I need OPC Registration in Delhi NCR

One Person Company registration in Delhi is required for the following reasons:-

• Single Owner:

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.

• Limited Liability Protection

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.

• Better Image and Credibility in market

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.

• Funds

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. 

• Easy to sell

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.

• Less Compliance

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.

Process for OPC Registration in Delhi NCR

An OPC registration in Delhi involves following processes:-

• Apply for Digital Signature Certificate (DSC):

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.

• Apply for Director Identification Number (DIN):

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.

• Application for Unique Name:

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.

• Filing of forms with MCA:

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.

• Approval of PAN and TAN:

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.

• Issue of the certificate of Incorporation:

After verification, the Registrar of Companies (ROC) will issue a certificate of incorporation of the proposed OPC.

Minimum Requirements for OPC Registration in Delhi

Following are the minimum requirements for OPC registration in Delhi:-

• Shareholder

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.

• Directors

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.

• Nominee Shareholder

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. 

• Digital Signature Certificate

One Person Company Registration requires valid Digital Signature Certificate (DSC) of all the subscribers for online application system.

• Company Name

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.

• Share Capital

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

Registered office refers to the official correspondence address which can be used for all the official communications of the company.