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OPC Process

Apply for DSC

The first Step is to obtain the Digital Signature Certificate (DSC) of the proposed Director which required the following documents:

  • Address Proof
  • Aadhaar card
  • PAN Card
  • Photo
  • Email id
  • Phone Number

What type of OPC can be formed?

As per section 3(1) and (2), OPC can only be incorporated as a private limited company. Such a company may either be:

  • A company limited by shares; or
  • A company limited by guarantee; or
  • An unlimited company

No it is not possible. The rule is applicable for Nominee in OPC also.

It depends on the documents you provide to registrar of companies it can be done in 15 days.

Does audit is mandatory in OPC?

The law requires adopting accounts and there is no exception provided specifically to OPC to place accounts for adoption without audit.

If the OPC paid up capital exceed rupees 50 Lakhs and annual turnover exceed rupees 2 Crores than the OPC can convert in Public or Private Limited Company.

No it is not possible according to norms, even he is a nominee the same rules will be applicable

Apply for DIN

Once the Digital Signature Certificate (DSC) is made, the next step is to apply for the Director Identification Number (DIN) of the proposed Director in SPICe Form along with the name and the address proof of the director. Form DIR-3 is the option only available for existing companies. It means with effect from January 2018, the applicant need not file Form DIR-3 separately. Now DIN can be applied within SPICe form for up to three directors.

Name Approval Application

The next step while incorporating an OPC is to decide on the name of the Company. The name of the Company will be in the form of “ABC (OPC) Private Limited”.

There are 2 options available for getting name approved by making application in Form SPICe 32 or by using RUN Web service of MCA by giving only 1 preferred name along with the significance of keeping that name. However, with effect from March 23, 2018, Ministry has decided to permit two proposed Names and one re-submission (RSUB) while reserving Unique Names (RUN Service) for the Companies.

Once the name is approved by the MCA we move on to the next step.

Documents Required

  • The Memorandum of Association (MOA) which are the objects to be followed by the Company or stating the business for which the company is going to be incorporated.
  • The Articles of the Association (AOA) which lays down the by-laws on which the company will operate.
  • Since there are only 1 Director and a member, a nominee on behalf of such person has to be appointed because in case he becomes incapacitated or dies and cannot perform his duties the nominee will perform on behalf of the director and take his place. His consent in Form INC – 3 will be taken along with his PAN card and Aadhaar Card.
  • Proof of the registered office of the proposed Company along with the proof of ownership and a NOC from the owner.
  • Affidavit and Consent of the proposed Director of Form INC -9 and DIR – 2 resp.
  • A declaration by the professional certifying that all compliances have been made.

Filing of forms with MCA

All these documents will be attached to SPICe Form, SPICe-MOA and SPICe-AOA along with the DSC of the Director and the professional, and will be uploaded to the MCA site for approval.

After uploading, Form 49A and 49B will be generated for the PAN and TAN generation of the Company which have to be uploaded to MCA after affixing the DSC of the proposed Director.

Issue of the certificate of Incorporation

On verification, the Registrar of Companies (ROC) will issue a Certificate of Incorporation and we can commence our business.