Introduction
Registering a One Person Company (OPC) in India involves a series of legal and procedural steps that must comply with the provisions of the Companies Act, 2013. One of the most critical requirements during this process is obtaining professional certification from qualified professionals such as Chartered Accountants (CAs), Company Secretaries (CSs), or Cost Accountants. These certifications validate the accuracy and legality of the information submitted to the Ministry of Corporate Affairs (MCA) and ensure the company’s foundation is legally sound. This article explains the role and significance of professional certification during the OPC registration process.
Legal Requirement under the Companies Act
As per the MCA regulations, every incorporation application must be accompanied by a declaration from a professional, certifying that all necessary compliance has been met and that the documents filed are true and correct. This is mandatory under Rule 14 of the Companies (Incorporation) Rules, 2014, ensuring accountability and legal validity of the incorporation.
Verification of Documents and Information
The professional is responsible for verifying the authenticity of key documents such as:
- Proof of registered office
- Identity and address proof of the sole member and nominee
- Board resolution and declarations
- Digital Signature Certificates (DSCs)
They ensure that all forms—like SPICe+, INC-33, and INC-34—are accurately completed and that no misleading information is submitted.
Certification in Form INC-8
During OPC incorporation, a professional certification in Form INC-8 is required. This form acts as a declaration from the practicing professional confirming that:
- The documents filed are true and correct
- All applicable laws and procedures under the Companies Act are followed
- The company is eligible for incorporation as an OPC
Ensuring Compliance with MCA Norms
Professional certification ensures that the applicant has adhered to name reservation guidelines, capital structure requirements, and nominee appointment procedures. This reduces the risk of rejection by the Registrar of Companies (RoC) and improves the efficiency of the approval process.
Prevention of Legal Violations
Professionals act as a compliance checkpoint to prevent potential violations such as:
- Misstatement of facts
- Non-eligibility of the nominee or member
- Usage of prohibited words in company name
Their involvement helps uphold the legal framework and protects the applicant from future penalties or rejection.
Boosts Credibility and Trust
Certification by a recognized professional adds a layer of credibility and transparency to the registration process. It reassures government authorities, banks, and future stakeholders that the company has been set up in accordance with legal norms and best practices.
Post-Incorporation Support
Many professionals who assist in registration also provide guidance on post-incorporation compliance, including:
- PAN/TAN application
- Bank account opening
- GST and MSME registrations
- Filing of first board resolution
This ensures that the OPC continues to operate within a compliant framework from the outset.
Conclusion
Professional certification plays a vital role in the registration of a One Person Company by ensuring legal accuracy, procedural compliance, and regulatory integrity. It serves as a trusted validation that the company has been established in accordance with the law, minimizing errors and enhancing confidence among stakeholders. For solo entrepreneurs aiming to build a credible and compliant business, engaging a certified professional is not only a regulatory requirement but also a strategic step toward sustainable success.
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