• +91-9319661668
  • info@xlegal.in

One Person Company

One Person Company (OPC)

One Person Company (OPC) is a type of business structure recognized under the Indian Companies Act 2013. It is a type of private company that is owned and controlled by a single person, known as the sole member.

An OPC is required to have only one director, who is also the sole member. It is a separate legal entity and can enter into contracts, borrow money, and sue or be sued in its own name.

OPC is a hybrid form of business organization which combines the features of both a sole proprietorship and a company. It provides the benefits of limited liability protection to the sole member and also allows him to raise capital and enter into contracts in the name of the company.

The Indian Companies Act 2013 requires that every OPC must be registered with the Registrar of Companies (ROC) and must have a minimum paid-up capital of Rs. 1 Lakh. The Act also requires that the OPC must have a registered office and must file annual returns with the ROC.

The Act also lays down the rights and duties of the sole member and governs the internal management of the OPC, such as the appointment and removal of directors, and the rules for the dissolution of the OPC.

In terms of liabilities, the sole member of an OPC is not personally liable for the debts of the company. This means that in case of any debts or liabilities incurred by the company, the personal assets of the member are protected.

Overall, One Person Company is a relatively new form of business organization in India which is specifically designed for solo entrepreneurs and small businesses, It combines the benefits of both a sole proprietorship and a company, providing the benefits of limited liability protection to the sole member.

Benefits of having OPC (One Person Company) In India

Incorporating a one-person company (OPC) in India offers several benefits for a businessperson, particularly those who want to start and manage a business on their own. Here are some of the key advantages:

  1. Limited Liability: One of the most significant benefits of an OPC is limited liability. The business owner’s personal assets are protected from the company’s debts and liabilities. In case of financial distress, the owner’s liability is limited to the capital invested in the company.
  2. Single Ownership: An OPC can be owned and operated by a single individual, eliminating the need for multiple shareholders or partners. This is ideal for entrepreneurs who prefer complete control and decision-making authority.
  3. Separate Legal Entity: Like other corporate structures, an OPC is considered a separate legal entity. It can own assets, enter into contracts, and sue or be sued in its own name, providing a professional and legal framework for business operations.
  4. Perpetual Existence: An OPC has perpetual existence, which means it can continue to exist and operate even if the owner passes away or becomes incapacitated. This ensures business continuity and stability.
  5. Ease of Formation: Setting up an OPC involves relatively simple and streamlined registration procedures, reducing paperwork and administrative burden. This makes it a convenient choice for solo entrepreneurs.
  6. Minimum Capital Requirement: There is no mandatory minimum capital requirement for forming an OPC in India, making it accessible to entrepreneurs with limited initial capital.
  7. Tax Benefits: OPCs are taxed at a flat rate, which can be advantageous for certain businesses. Additionally, dividend distribution tax does not apply to OPCs, potentially resulting in tax savings for the owner.
  8. Professional Services: OPCs are commonly used by professionals like consultants, freelancers, and service providers who want to establish a formal legal structure for their businesses.
  9. Limited Compliance: Compared to other corporate structures, OPCs have fewer compliance requirements. There is no need to hold annual general meetings or board meetings, simplifying compliance obligations.
  10. Global Expansion: An OPC structure allows for easy expansion into international markets and the ability to engage in cross-border business activities.
  11. Name Protection: The business name of an OPC is protected once registered, preventing others from using a similar name, which can help establish a distinct brand identity.
  12. Ease of Conversion: An OPC can be converted into a private limited company as the business grows and requires additional shareholders.
  13. Business Contracts: OPCs can enter into contracts with the owner as an individual, allowing the owner to use their expertise and resources for business purposes.
  14. Business Bank Account: An OPC can open a business bank account in its name, which is essential for managing financial transactions and maintaining financial transparency.
  15. Sole Proprietorship Alternative: OPCs provide a more formal and credible business structure compared to sole proprietorships while still allowing for single ownership and control.

To get professional help in OPC or other forms of companies, contact our team at 9319661668