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avater By Kapil 21 June, 2024 Comments (3)

Complete List of OPC Registration Documents

Starting a One Person Company (OPC) in India is a streamlined way for solo entrepreneurs to enter the corporate world with limited liability and a separate legal entity status. However, the registration process requires careful preparation and submission of various documents. In this blog, we will walk you through the complete list of OPC registration documents, their purpose, and how to obtain or draft them.
 

Complete & Detailed List of OPC Registration Documents

When registering an OPC, you must gather and submit several documents to the Registrar of Companies (RoC). These documents ensure compliance with legal requirements and establish the company's identity and structure. Here is a comprehensive list of the required documents:
 

KYC Documents of Promoters

  1. PAN Card: A copy of the Permanent Account Number (PAN) card of the promoter.
  2. Identity Proof: Aadhar card, passport, voter ID, or driving license of the promoter.
  3. Residential Proof: Recent bank statements, electricity bills, or mobile bills of the promoter.
  4. Proof of Registered Office Address
  5. Utility Bill: A copy of a recent utility bill (electricity, water, or gas) for the registered office address, not older than two months.
  6. Rent Agreement: If the office premises are rented, a rent agreement between the company and the property owner.
  7. Ownership Proof: If the office premises are owned, a copy of the property documents.
  8. No Objection Certificate (NOC): A NOC from the property owner if the registered office is rented.
 
Memorandum of Association (MoA)
The MoA is a legal document that outlines the company's objectives, scope of activities, and relationship with the shareholders. It serves as the company's constitution.
 
Articles of Association (AoA)
The AoA details the company's internal management, rules, and regulations. It complements the MoA and governs the company's day-to-day operations.
 
Digital Signature Certificate (DSC)
A DSC is required for signing electronic documents. Here is the stepwise process to obtain a DSC:
 
  1. Select Certifying Authority: Choose a government-approved certifying authority to issue the DSC.
  2. Fill Application Form: Complete the DSC application form available on the certifying authority's website.
  3. Submit KYC Documents: Provide the required KYC documents, including identity and address proof.
  4. Verification: The certifying authority will verify the submitted documents.
  5. Receive DSC: Upon successful verification, the DSC will be issued and can be downloaded or sent via courier.

Director Identification Number (DIN)

The DIN is a unique identification number for the company's director. Here's how to obtain it:
 
  • Apply Online: Visit the Ministry of Corporate Affairs (MCA) website and fill out the DIN application form (DIR-3).
  • Attach Documents: Attach the required documents, including the director's identity proof and address proof.
  • Pay Fees: Pay the prescribed fees for DIN application.
  • Verification: The MCA will verify the application and documents.
  • Allotment: Upon successful verification, the DIN will be allotted.
 
Forms & Declarations
INC-3: Consent form from the nominee who will take over the company in case of the promoter's demise or incapacity.
INC-9: Declaration by the director and promoter stating compliance with the Companies Act, 2013.
DIR-2: Consent to act as a director of the company, signed by the promoter.
INC-32 (SPICe): Simplified Proforma for Incorporating Company Electronically, a consolidated form for incorporation.
 

Is OPC Registration Mandatory in India?

Registering a One Person Company is not mandatory for all businesses but is highly recommended for solo entrepreneurs seeking the benefits of limited liability and corporate status. The OPC structure provides a clear legal framework, enhances credibility, and offers various advantages such as easier access to funding, tax benefits, and perpetual succession.
 

How to Obtain / Draft OPC Company Registration Documents?

Obtaining and drafting the necessary documents for OPC registration involves several steps. Here is a detailed guide to help you through the process:
 
KYC Documents of Promoters
Ensure that all KYC documents, including the PAN card, identity proof, and residential proof, are up-to-date and accurate. These documents establish the identity and residence of the promoter.
 
Proof of Registered Office Address
Gather recent utility bills, rent agreements, ownership documents, and the NOC from the property owner. These documents verify the official address of the company.
 
No Objection Certificate (NOC)
Draft a simple NOC letter from the property owner, stating their consent to use the premises as the registered office of the company. The letter should include the owner's name, address, and signature.
 
Memorandum of Association (MoA)
The MoA can be drafted with the help of a legal professional or by using templates available on the MCA website. Ensure that the objectives and scope of activities are clearly defined.
 
Articles of Association (AoA)
Like the MoA, the AoA can be drafted with legal assistance or through templates. It should outline the company's internal management, rules, and regulations.
 
Digital Signature Certificate (DSC)
Follow the stepwise process mentioned earlier to obtain the DSC from a certifying authority. Ensure that the application form is filled out correctly and that all required documents are submitted.
 
Director Identification Number (DIN)
Apply for the DIN through the MCA website, attach the necessary documents, and pay the prescribed fees. Ensure that the information provided is accurate and complete.
 
Forms & Declarations
Download and fill out the required forms (INC-3, INC-9, DIR-2, and INC-32) from the MCA portal. These forms should be signed and submitted along with the other documents.

Conclusion

Registering a One Person Company (OPC) in India involves gathering and submitting various documents to ensure compliance with legal requirements. By following the steps outlined in this guide, you can prepare and submit the necessary documents for a smooth registration process. The OPC structure offers numerous benefits for solo entrepreneurs, including limited liability, separate legal entity status, and easier access to funding. With the right documents in place, you can successfully register your OPC and embark on your entrepreneurial journey with confidence.
 
FAQs 
Q1: Can a foreign national register an OPC in India?
A: No, only a natural person who is an Indian citizen and resident in India can register an OPC.
 
Q2: Can an OPC have more than one director?
A: Yes, an OPC can have more than one director, but it must have only one shareholder.
 
Q3: What is the minimum capital requirement for registering an OPC?
A: There is no minimum capital requirement for registering an OPC. The company can be registered with any amount of capital.
 
Q4: Can an OPC be converted into a private or public limited company?
A: Yes, an OPC can be converted into a private or public limited company, but only after two years from the date of incorporation or if the paid-up capital exceeds ₹50 lakhs or the annual turnover exceeds ₹2 crores.
 
Q5: What is the validity period of a Digital Signature Certificate (DSC)?
A: A DSC is typically valid for one or two years, after which it needs to be renewed.
 
By understanding the required documents and the registration process, you can navigate the OPC registration smoothly and enjoy the benefits of this unique business structure
 

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