Preparation of Key Information
- The sole promoter must decide on the company’s proposed name, business activity, and registered office location.
- Identification details of the member, nominee, and proposed director must be ready, along with their consent.
- Required documents such as PAN, Aadhaar, address proof, and photographs must be collected.
- A valid Digital Signature Certificate (DSC) must be obtained for online filing.
- The nominee’s consent is needed in a prescribed format using Form INC-3.
Name Approval and Legal Compliance
- A unique company name must be chosen according to the naming guidelines under the Companies Act.
- The name must include the suffix “(OPC) Private Limited” and must not resemble existing companies or trademarks.
- The name is submitted to the Ministry of Corporate Affairs (MCA) for approval using the online portal.
- If approved, the name is reserved for a limited time, within which the incorporation process must be completed.
- Legal compliance also includes ensuring the member and nominee meet all eligibility requirements.
Filing Incorporation Forms
- Incorporation is done through the SPICe+ (INC-32) form, which is a unified digital form.
- Along with SPICe+, other linked forms such as MoA (INC-33), AoA (INC-34), and AGILE-PRO-S are submitted.
- These forms cover multiple services, including company registration, PAN/TAN allotment, and optional GST registration.
- Professional certification from a Chartered Accountant, Company Secretary, or Cost Accountant is required.
- All forms are digitally signed and uploaded through the MCA portal.
Registrar Review and Certificate Issue
- The Registrar of Companies (RoC) verifies all submitted forms, documents, and compliance declarations.
- If the application meets all legal and procedural standards, the RoC issues the Certificate of Incorporation.
- The company officially comes into existence from the date mentioned on the certificate.
- The certificate includes the Corporate Identification Number (CIN) and legal recognition of the company’s name.
- PAN and TAN are issued automatically as part of the digital registration process.
Post-Incorporation Setup
- Once incorporated, the OPC must open a bank account in the company’s name.
- Statutory registers and records must be maintained as per company law requirements.
- The company is required to file annual returns and financial statements even if there is only one member.
- Any change in nominee, director, or company structure must be reported through appropriate filings.
- The company is now eligible to start business operations, enter into contracts, and hire employees under its registered name.
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