One person company

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08 January 2015 CAN YOU PLEASE TELL ME THE PROCEDURE FOR FORMING ONE PERSON COMPANY

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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08 January 2015 https://www.caclubindia.com/articles/provisions-related-to-one-person-company-16417.asp#.VK5IRdKUdic

https://www.caclubindia.com/articles/one-person-company-18333.asp#.VK5HRNKUdic

https://www.caclubindia.com/articles/one-person-company-in-co-act-2013-20307.asp#.VK5HSNKUdic

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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08 January 2015 PROCESS OF INCORPORATION OF ONE PERSON COMPANY (OPC)

1. Obtain Digital Signature Certificate [DSC] for the proposed Director(s)
2.Obtain Director Identification Number [DIN] for the proposed director(s).
3.After obtaining the DIN, an application for availability of the proposed name (in the prescribed Form INC 1), along with six proposed names (maximum) in order of preference, each one indicating, as far as possible, the main objects (principal activities) of the company, shall be submitted online to the ROC. The name of the OPC should end with the words
“Private Limited”.
4. The OPC is required to obtain consent from the nominee who, in the event of
death of the subscriber, shall become the member of the company in Form No INC. 3 5. MOA and AOA are to be drafted in compliance with the provisions of the Act. The MOA and AOA must contain the name of
the person who, in the event of death of the subscriber, shall become the member of the company. Thereafter, the subscribers sign the MOA and AOA of the OPC.
6.The following forms are required to be e-filed with the ROC after having been digitally signed by the proposed director. The aforesaid forms require certification either by an advocate, or a company
secretary, or a chartered accountant (in whole time practice):
(i) Form INC 2- Application for Incorporation of OPC in E-Form INC 2 along with the following documents as attachment to the form shall be made with the ROC:
(a) Memorandum of Association;
(b) Articles of Association;
(c) Proof of identity of the subscriber and the nominee;
(d) Residential proof of the member and the nominee;
(e) Copy of PAN card of member and nominee;
(f) Consent of Nominee in Form INC-3;
(g) Affidavit from the subscriber and first Director to the Memorandum of Association in Form INC-9
(h) List of all the companies (specifying their CIN) having the same registered office address, if any;
(ii) Form INC 22 - Notice of situation of the registered office of the OPC in E-Form INC 22 along with the following documents as attachment to the form shall be filed with the ROC:
(a) The registered document of the title of the premises of the registered office in the name of the OPC; or
(b) The notarized copy of lease or rent agreement in the name of the OPC along with a copy of rent paid receipt not older than one month;
(c) The authorization from the owner or authorized occupant of the premises along with proof of ownership or occupancy authorization, to use the premises by the OPC as its registered office; and
(d) The proof of evidence of any utility service like telephone, gas, electricity, etc. depicting the address of the premises in the name of the owner or document, as the case may be, which is not older than two months.
(iii) Form DIR 12 - Particulars of Director of the OPC along with the consent of the proposed director is required to be filed with the ROC.
The ROC then scrutinizes the above-mentioned forms along with the documents as may be required to be attached with the forms and if necessary, provides its observation on the aforesaid forms including attached documents and directs the authorized person accordingly to make necessary corrections under his initials in the aforesaid forms including attached documents.
After removal of the deficiencies, if any, observed by the ROC, issues the Certificate of Incorporation of the Company, which is the conclusive evidence of registration of the OPC.
(iv) Form INC 21 – A declaration is required to be filed by OPC prior to the commencement of business or exercising borrowing powers in E-Form INC 21 along with the Specimen signature in Form No. INC-10.

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