Introduction
Registering a One Person Company (OPC) in India under the Companies Act, 2013 is a structured and streamlined process facilitated through the Ministry of Corporate Affairs (MCA) online portal. Unlike older manual systems, OPC registration now involves a set of integrated digital forms that simplify the filing process. These forms capture various aspects of the company’s legal identity, governance, and compliance. Understanding each form and its purpose is essential for ensuring smooth and error-free incorporation. This article details the key forms required for OPC registration and their significance.
SPICe+ Form (INC-32) – The Core Incorporation Form
The SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) is the primary form used for OPC registration. It is divided into two parts:
- Part A is used for name reservation of the company.
- Part B covers company incorporation, DIN allotment, PAN, TAN, EPFO, ESIC, GST registration, and bank account opening.
SPICe+ eliminates the need for separate filings by integrating multiple registrations into a single application.
Form INC-33 – e-Memorandum of Association (e-MOA)
This form contains the objectives and structure of the company, including the name, state of incorporation, and main business activities. For OPCs, only one subscriber (the sole member) is required to digitally sign the e-MOA.
Form INC-34 – e-Articles of Association (e-AOA)
The e-AOA defines the internal rules and governance of the company, including provisions for the appointment of the director, conduct of meetings, and management of company affairs. In OPCs, the sole member and director generally define and adopt the standard format, which can be customized if needed.
Form INC-3 – Nominee Consent Form
Since an OPC can have only one member, the law requires that a nominee be appointed at the time of incorporation. Form INC-3 is used to record the nominee’s consent, along with their identity proof and address proof. This ensures continuity of business in case the original member dies or becomes incapacitated.
Form AGILE-PRO-S – Linked Registration Form
AGILE-PRO-S (Application for Goods and Services Identification Numbers, Employees’ State Insurance, Provident Fund, and bank account opening) is filed along with SPICe+. It enables simultaneous registration for:
- GSTIN
- EPFO
- ESIC
- Professional Tax (in applicable states)
- Opening of the company’s current bank account
This integrated filing system reduces paperwork and accelerates post-incorporation compliance.
Form DIR-2 – Consent to Act as Director
Although not separately filed with the RoC, Form DIR-2 is an internal document where the proposed director gives their consent to act as a director of the OPC. This consent must be attached to the SPICe+ form during incorporation.
Form INC-9 – Declaration by Subscriber and Director
INC-9 is a declaration given by the subscriber (sole member) and the first director stating that they are not convicted of any offence and that the company will comply with the provisions of the Companies Act. For most OPCs, INC-9 is automatically generated and filed electronically.
Digital Signature Certificate (DSC) – Prerequisite for Filing
Though not a form, obtaining a Digital Signature Certificate (DSC) is a mandatory step before filing any of the above forms. The sole member and nominee must have DSCs to sign and validate the documents submitted to the MCA portal.
Conclusion
Registering a One Person Company involves a systematic process supported by a series of integrated digital forms. From name reservation to incorporation and regulatory registrations, each form serves a specific legal purpose and ensures that the OPC complies with the Companies Act and other statutory frameworks. By understanding the role of each form—SPICe+, INC-3, INC-33, INC-34, AGILE-PRO-S, and others—entrepreneurs can ensure a smooth and compliant registration process. The digitized and consolidated system not only enhances efficiency but also empowers solo founders to formalize their business with clarity and confidence.
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