One Person Company

CS SHIVAM SINGHAL E-mail id - csshivamsinghal17@gmail.com ACS, B.COM Contact - 9359135062, 8750993347 1 CONCEPT OF ONE PERSON COMPANY OPC- Section 2(62) of Companies Act, 2013 provides that “One Person Company” means a Company which has only one person as a Member. CHARACTERISTICS OF OPC- 1) Natural Person + Indian Citizen + Resident in India = Incorporate an OPC/ Nominee of an OPC. 2) OPC = Private Company. 3) 1 Person shall be incorporate only 1 OPC & Nominee of 1 OPC. 4) When a person being member in 2 OPC by virtue of no minee, such person shall convert any one company into Private/Public Company within 180 days. 5) Minor shall not become member or nominee in the OPC . 6) OPC cannot be converted into Section 8 Company. 7) OPC cannot carry NBFC Business including investment in securities of any body corporate. 8) OPC can covert into any kind of Company after 2 yea rs of its Incorporation unless Paid-up Share Capital increased beyond 50 Lacs or A verage Turnover beyond 2 Crore during relevant period. MINIMUM & MAXIMUM CRITERIA OF OPC- S.NO. PARTICULARS MINIMUM MAXIMUM 1 MEMBERS 1 1 2 NOMINEE 1 1 3 DIRECTORS 1 15 4 PAID-UP CAPITAL Rs. 10/- Rs. 50,00,000/- CS SHIVAM SINGHAL E-mail id - csshivamsinghal17@gmail.com ACS, B.COM Contact - 9359135062, 8750993347 2 FORMS RELATING TO OPC- S.NO. FORMS NATURE CONCERNED PARTICULARS 1 INC-1 Electronic Form ROC Availability of Name 2 INC-2 Electronic Form ROC Incorporation Form 3 INC-3 Physical Form COMPANY Consent of Nominee 4 INC-4 Electronic Form ROC Change in Nominee 5 INC-5 Electronic Form ROC Ceased to OPC 6 INC-6 Electronic Form ROC Conversion- Pvt Co. To OP C 7 INC-8 Physical Form ROC Declaration by Professional s 8 INC-9 Physical Form ROC Affidavit by Subscriber 9 INC-10 Physical Form ROC Verification of Signature 10 INC-11 Physical Form COMPANY Certificate of Incorpo ration 11 INC-22 Electronic Form ROC Registered office 12 INC-29 Electronic Form ROC Integrated Incorporation Form 13 DIR-2 Physical Form COMPANY/ROC Consent of Director 14 DIR-12 Electronic Form ROC Appointment of Director 15 MGT-14 Electronic Form ROC Filling of Special Resol ution INCORPORATION OF OPC SHORT CUT- File the E-Form INC-29 with Concerned ROC with Foll owing Attachments- 1) INC-3 2) INC-8 3) INC-9 4) INC-10 5) DIR-2 6) MOA/AOA 7) Affidavit of Deposits 8) Utility Bill for Registered Office 9) NOC of Concerned Person for Registered Office 10) ID of Proposed Member, Nominee & Directors 11) Address Proof of Proposed Member, Nominee & Directo rs 12) Pan Copy of Proposed Member, Nominee & Directors After Satisfy by ROC, give Certificate of Incorpora tion by ROC in Form INC-11. SHORT CUT LONG CUT CS SHIVAM SINGHAL E-mail id - csshivamsinghal17@gmail.com ACS, B.COM Contact - 9359135062, 8750993347 3 LONG CUT- a) File the E-Form INC-1 with ROC with maximum 6 names . b) After Availability of Name by ROC, file E-Form INC- 2, INC-22 & DIR-12 to ROC within 60 days from the date of filling the E-Form INC-1. c) After Satisfy by ROC, give Certificate of Incorpora tion by ROC in Form INC-11. ATTACHMENTS INC-2 INC-22 DIR-12 INC-3 Utility Bill DIR-2 INC-8 NOC by Concerned Person Affidavit of Deposits INC-9 - - INC-10 - - MOA/AOA - - Identity Proof of Subscribers - - Address Proof of Subscribers - - PAN Copy of Subscribers - - CHANGE IN NOMINEE By Nominee itself By Sole Member Died, Insolvent of Sole Member a) Give notice to Sole Member & Company. b) Take Consent from new nominee in Form INC-3 within 15 days from such Notice. a) Give notice to Company. b) Take Consent from new nominee in Form INC-3 within 30 days from such Notice. a) Take Consent from new nominee by new member in Form INC-3 within 15 days. File E-Form INC-4 to ROC within 30 days from such notice. CS SHIVAM SINGHAL E-mail id - csshivamsinghal17@gmail.com ACS, B.COM Contact - 9359135062, 8750993347 4 CONVERSION OPC TO PRIVATE/ PUBLIC COMPANY- File the E-Form INC-5 with ROC within 60 days from the date of crossing Threshold Limit. PRIVATE COMPANY TO OPC- 1) Check the Threshold Limit. 2) Pass Special Resolution in EGM. 3) File E-Form MGT-14 to ROC within 30 days from passi ng Special Resolution. 4) File E-Form INC-6 with ROC with following Attachmen t- 1. Affidavit by Directors 2. List of Members & Creditors 3. Latest Audited Financial Statements 4. NOC from Creditors NOTE- Threshold limit for the purpose of OPC means Paid- up Share Capital up to Rs. 50 Lacs or Average Turnover up to 2 Crore (Preceding 3 Years). PENALTY- Fine up to Rs. 5,000/- on OPC or any officer of suc h OPC. [Rule 7A of Companies (Incorporation) Rules, 2014. OPC TO PRIVATE/ PUBLIC COMPANY PRIVATE COMPANY TO OPC