One Person Company in India is a new concept that has been introduced with the Company’s Act 2013. In a Private Company, a minimum of 2 Directors and 2 Members are required whereas in a Public Company, a minimum of 3 Directors and a minimum of 7 members. A single person could not incorporate a Company previously. Such companies are generally created when there is only one founder/promoter for the business.

Entrepreneurs whose businesses lie in early stages prefer to create OPCs instead of sole proprietorship business because of the several advantages that OPCs offer.

Any natural person (should not be minor) who is an Indian citizen whether a resident in

India or not i.e., NRI shall be eligible to incorporate a One Person Company and appoint nominee of an OPC, Timeline for Non-resident individuals has been reduced to 120 days.

Step 1: Apply for DSC

The initial step is to get the Digital Signature Certificate (DSC) of the proposed Director which required the accompanying documents:

1. Address verification. 2. Aadhaar card. 3. PAN card. 4. Photograph. 5. Email Id. 6. Phone number

Step 2: Apply for DIN

When the Digital Signature Certificate (DSC) is made, the accompanying step is to apply for the Director Identification Number (DIN) of the proposed Director in SPICe Form, along with the name and the address verification of the director. DIN can be applied inside the SPICe form for up to three directors.

Step 3: Name Approval Application

The following step while incorporating an OPC is to settle on the name of the Company. The name of the Company will be as “ABC (OPC) Private Limited”.

The name can be confirmed in the Form SPICe+ 32 application. Just a single favoured name along side the significance of keeping that name can be given in the Form SPICe+ 32 application. Assuming the name gets dismissed, one more name can be presented by applying another Form SPICe+ 32 application.

When the name is approved by the MCA we continue on toward the following step.

Step 4: Documents Required

We need to set up the following documents which are required to be submitted to the ROC:

1. The Memorandum of Association (MoA) which are the items to be followed by the

Company or expressing the business for which the company is going to be incorporated.

2. The Articles of the Association (AoA) sets out the by-regulations on which the company will work.

3. Since there are just 1 Director and a member, a candidate on behalf of such an individual has to be appointed because in case he becomes incapacitated or dies and can’t perform his duties the candidate will perform on behalf of the director and have his spot. His consent in Form INC – 3 will be brought with hisPAN card and Aadhar Card.

4. Proof of the Registered office of the proposed Company alongside the evidence of ownership and a NOC from the owner. 

5. Declaration and Consent of the proposed Director of Form INC -9 and DIR – 2 individually

6. An affirmation by the professional certifying that all compliances have been made.

Step 5: Filing of Forms With MCA

All these documents will be attached to the SPICe Form, SPICe-MOA and SPICe-AOA along side the DSC of the Director and the professional, and will be uploaded to the MCA site for endorsement. The PAN Number and TAN is generated consequently at the time of incorporation of the Company. There is no need to file separate applications for acquiring

PAN Number and TAN.

Step 6: Issue of the Certificate of Incorporation

On verification, the Registrar of Companies (ROC) will issue a Certificate of Incorporation and we can initiate our business.

A. Director & Nominee Documents

1. Director & Nominee PAN. 2. Director & Nominee ID Proofs (Aadhaar Card or Voter ID, orPassport or Driver’s Licence). 3. Director & Nominee Address Proofs: (Latest one month Savings Bank statement OR Latest Telephone Bill on his own name OR Latest Mobile Bill on his name OR Latest Power Bill on his own name). 4. Directors’ latest passport size photograph. 5. Directors Email ids. 6. Directors Mobile Numbers linked with their Aadhar. 7. In case of foreigndirectors, International Passport is mandatory.

B. Company Documents

1. Registered Office Address Proof: Latest Power Bill. 2. No-objection letter from the Landlord. 3. Rental Agreement from the landlord if the premises are rented. 4. Company email id.