What is a One Person Company?
A One Person Company (OPC) is a unique business structure introduced by the Companies Act, 2013, allowing a single individual to operate a company with limited liability. Essentially, it combines the benefits of a sole proprietorship with the features of a corporate entity.
Key Features of a One Person Company
Sole Member:
An OPC can have only one shareholder, who is the sole member of the company.
Nominee Requirement:
OPCs must designate a nominee to take over in case the sole member is incapacitated or unable to continue. The nominee must be an adult, as minors are not eligible to be members or nominees.
Directors:
While an OPC can function with just one director, it can have up to 15. Often, the sole member also serves as the director.
No Minimum Capital:
Unlike other company structures, OPCs have no minimum capital requirement, allowing flexibility in capital investment.
Exemptions Under Companies Act:
OPCs benefit from various regulatory exemptions, simplifying compliance and promoting ease of business.
Board Meetings:
OPCs with more than one director must hold a board meeting every half-year, with a minimum gap of 90 days between meetings. This requirement is waived if there is only one director.
Separate Legal Entity:
Despite having a single member, an OPC is a separate legal entity with its own identity, similar to a private or public company.
Business Restrictions:
OPCs cannot register as Section 8 (non-profit) companies or engage in non-banking financial investment activities.
Benefits of a One Person Company
Limited Liability:
The OPC structure protects the owner’s personal assets, limiting liability to the capital invested in the company.
Reduced Compliance:
OPCs have fewer compliance requirements compared to private or public companies, making it easier and cost-effective to manage.
Complete Control:
With a single shareholder, all control and decision-making lie with one individual, allowing for quicker decisions and streamlined management.
Essential Details for Setting Up an OPC
To register an OPC, you need to have the following information ready:
- Proposed company name
- Business address and type of activities
- Details of the sole member, nominee, and director(s)
- Initial capital amount
Required Documents Include:
- Personal identification (PAN, Aadhaar, etc.) of the sole member, nominee, and directors
- Business address proof
- Passport-sized photographs of all stakeholders
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