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What is the process for incorporating an OPC?

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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