A One Person Company, as the name suggests, is a business entity that can be formed and operated by a single individual. It provides the benefits of limited liability, meaning the personal assets of the owner are protected in case of any liability incurred by the business. OPCs are governed by the Companies Act, 2013, in India, and similar regulations may apply in other jurisdictions.
To register as a One Person Company, certain eligibility criteria must be met:
Sole Proprietorship: The individual must be a resident of the country where the OPC is being registered and must act as both the director and shareholder of the company.
Minimum Capital Requirement: There is no minimum capital requirement for forming an OPC, making it accessible to individuals with limited financial resources.
Nominee Director: The owner of the OPC must appoint a nominee who will take over the management of the company in case of the owner's death or incapacity.
Restrictions: OPCs cannot be involved in certain types of business activities such as non-banking financial investment activities, carrying out charitable activities, or operating as a Non-Banking Financial Institution (NBFC).
The owner must obtain a DSC, which is required for filing the incorporation documents electronically.
The owner needs to apply for a DIN, which is a unique identification number assigned to directors of companies.
Choose a unique name for the company and apply for its reservation through the Ministry of Corporate Affairs (MCA).
Prepare the necessary documents, including Memorandum of Association (MOA) and Articles of Association (AOA), and file them with the Registrar of Companies (ROC).
Once the documents are verified and approved, the ROC issues a Certificate of Incorporation, officially establishing the OPC.
Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the OPC.
The owner's liability is limited to the extent of their investment in the company, protecting personal assets from business liabilities.
An OPC enjoys a distinct legal identity separate from its owner, which enhances credibility and facilitates ease of doing business.
The death or incapacitation of the owner does not affect the existence of the OPC, thanks to the provision of a nominee director.
OPCs are eligible for various tax deductions and incentives available to small businesses, reducing the tax burden on the owner.
Compared to other types of companies, OPCs have simpler compliance requirements, making it easier for solo entrepreneurs to manage.
Below is a comprehensive list of compliance requirements for an OPC (One Person Company) to ensure regulatory adherence:
• Requirement: OPCs must file their financial statements with the Registrar of Companies (RoC) annually.
• Form: AOC-4 (Financial Statement and Other Documents).
• Due Date: Within 180 days from the close of the financial year.
• Requirement: OPCs must file an annual return, summarizing company performance and shareholder details.
• Form: MGT-7A (Simplified Annual Return for OPCs and Small Companies).
• Due Date: Within 60 days from the conclusion of the financial year.
• Requirement: Every OPC must appoint a Chartered Accountant as an auditor, even if the turnover is below the tax audit limit.
• Objective: Ensure books of accounts are audited as per statutory guidelines.
• Requirement: A report by the sole director, including details like company operations, financial performance, and compliance measures.
• Submission: Included in the filing of financial statements.
• Requirement: Filing an income tax return is mandatory, irrespective of profit or loss.
• Form: ITR-6 (for Companies).
• Due Date:
• With Audit: September 30 of the assessment year.
• Without Audit: July 31 of the assessment year.
• Requirement: If the company is registered under GST, monthly/quarterly and annual GST returns must be filed.
• Forms: GSTR-1, GSTR-3B, and GSTR-9 (annual return).
• Requirement:
• An OPC with only one director is exempt from holding board meetings.
• If an additional director is appointed, at least one meeting must be held every six months, and the gap between the meetings should not exceed 90 days.
In addition to annual compliance, OPCs are required to comply with certain event-based obligations:
Failure to comply with statutory requirements can result in:
At Accountants Factory LLP, we provide tailored compliance services to keep your OPC running smoothly:
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