A new concept of OPC (One Person Company) is introduced in Companies Act 2013 that says that any person can register a company on his name as single owner or director. After that, many fanatics who were planning to start a company are worried about how to start one person company. Here we talk about the documents required for OPC Registration.
What are the Requirements to Register One Person Company?
OPC registration is an easy process but to complete it you need to collect all the documents given below. The documents required for OPC Registration are as follows-
Identity Proof of the Director and Nominee
Submit an identity proof of the nominee and director. It can be-
- Voter card;
- Aadhar card;
- Driving license;
- Pan card.
Read our article:Step By Step Process of One Person Company Registration
Memorandum of Association (MOA) and Article of Association (AOA)
The documents mentioned above are very important and are required to be submitted during the registration process. They are described below-
MoA
The formation of any company takes place when a number of people come together for achieving a precise purpose. The purpose is usually marketable in nature. To incorporate any company, an application is required to be filed. The application is required to be submitted with a number of documents to Central Registration Centre. One of the compulsory and important documents required is Memorandum of Association.
Content of MoA
- Name Clause
- Situation Clause
- Object Clause
- Liability Clause
- Capital Clause
- Subscription Clause
AoA
The Articles of Association ( AoA) is a document which describes the purpose of any company and specifies the policies for its operations. This particular document outlines how tasks should be accomplished within an organization.
Content of AoA
The articles of association are relatively similar even though the precise terms and items vary according to the jurisdictions. It includes the following details:-
- Provisions on the company name
- Purpose of the company
- Share capital
- Organization of the company
- Provisions on shareholder meetings
Consent of the Designated Nominee
One director and one nominee are required to start a One Person Company. In case of any misfortune, the nominee has the power to take over the director’s place so that the working of the company does not get affected. The consent of the designated nominee is filed through INC-3 Form. The nominee also has to submit their identity proof for proceedings.
Affidavit of Nominee and Director
The chosen director and nominee are required to submit their affidavit in Form DIR3 and INC-9.
Residential Proof of the Office
The place of business activities are required to submit the residential proof at the time of registration. It can be any utility bill like electricity bill, gas bill or telephone bill not older than two months, which needs to be attached with the ownership proof along with a No Objection Certificate.
In case your work place is on a rented property, you are required to submit the rent agreement along with all the other relevant documents.
PAN Card
A copy of the PAN card details of the director and nominee has to be submitted during the OPC registration.
Passport Size Photo
Passport size photo of the designated director and nominee has to be attached with the form.
DSC And DIN
The documents required for OPC registration consists both DSC and DIN. In this context, DSC is used to sign the documents online while DIN provides a unique identification number to the director.
Step by step Process for DSC
Process to be followed for registration of Director’s DSC is as follows:
- Click on the ‘Register DSC’ link on the MCA portal.
- On the next screen, click on ‘Director[1]‘ link on the left side of the panel and fill-up your Director Identification Number. Make sure that the DIN is approved and typed correctly.
- System will verify that the DIN if it is valid and approved. If the DIN is filed incorrectly or DIN filed is not approved then the system will show an error message.
- Fill-up rest of the details and make sure that details filed are as per DIR-3. If DIR-6 is filed by the applicant, then fill in the details submitted in DIR-6 Form.
- Click on the ‘Next‘ button. The system would verify the details provided.
- If the details are correct then the system would transfer you to select the DSC.
- Tap on the ‘Select Certificate’ to browse and select the certificate. Please make sure that the selected DSC belongs to the applicant, whose particulars are being registered.
- System will authenticate the DSC. If the selected DSC is registered already against any DIN, system will give an informatory text. If a different DSC is registered against the provided DIN, system will ask the user to update their DSC.
- Fill in the display system generated text for verification in the box provided below.
- Click on ‘I agree’ button to agree the declaration that details furnished by you are correct.
- Click on the ‘Submit’ button to list your DSC.
- Acknowledgement message will be displayed.
- User can take a print of the acknowledgement for future reference.
- The applicant can now click on the ‘Reset’ function to clear the data.
Application for DIN
All the existing Directors have to obtain DIN within the prescribed time-frame.
Application via SPICe+ Form
Part B of SPICe+ form offers for DIN allotment. Proceed with filing up of details in SPICe+ Part B with all the attachments along with Form INC-3.
DIR-3 Form
Any person intending to become a director in an existing company will have to fill Form DIR-3 and should follow the following process-
Supporting Documents
Attach a photo and a scanned copy of supporting documents that are-
- Proof of identity;
- Proof of residence as per the guidelines.
Digital Signature
DIR-3 Form is compulsory to be signed by the Applicant and should be verified digitally by a Company Secretary in full time employment of the company or Managing Director or Director or CEO or CFO of any existing company in which the applicant is anticipated to be appointed as a director.
Fee Payment
Upload and make the payment of fee of DIR-3 E-Form. Only electronic payment method is allowed.
- The user is required to get them registered on the MCA21 Portal to get Login ID.
- E-Form DIR-3 process only after the DIN application fee is paid.
Verification of E-Form
In case details of E-Form DIR-3 are found as duplicate, the same gets routed to DIN cell for back office process. After approval of the form, provisional DIN becomes approved DIN and will be available for further use.
Common Causes of Rejection
A provisional DIN is approved only after inspection of the documents attached with the application.
Conclusion
The formation of any company takes place when a number of people come together for achieving a precise purpose. One Person Company is introduced in Companies Act 2013 that says that any person can register a company on his name as single owner or director. It is an easy process but to complete, the documents required for OPC Registration are explained in details above.
Our CorpBiz group will be at your disposal if you seek expert advice on any aspect related to Company Registration along with complete compliance. We will help you guarantee full compliance concerning all the requirements based on your predictable activities, ensuring the productive and well-timed completion of your expectation.
Read our article:Know all the Documents Required for OPC Registration
