Yes, a One Person Company converts itself into a Private Limited Company as following: Voluntary conversion: When a One Person Company gets incorporated, it cannot convert itself to Private or Public company for a period of not less than two years from the date of incorporation. Means if you want to get converted voluntarily you have to wait for two years to over Compulsory Conversion: When a One Person Company has a paid-up capital more or equal to Rs 50 lakh or, the annual turnover for the relevant financial year exceeds Rs 2 crore, then in such conditions, the company has to compulsorily convert itself into Private Limited Company or Public Limited Company.
Form INC-6 shall be filed by an OPC for conversion of an OPC into private or public company. Yes, the private company will also file form INC-6 for converting itself into an OPC. The paid up share capital of private company should not be exceeding fifty lakh rupees and should not have average annual turnover more than two crore rupees at the time of such conversion into OPC. The company shall be having one member and shall appoint one nominee to act as member in case of death or incapacity of the member at the time of conversion into OPC.
Such Company is known as one person Company(OPC) or sole proprietorship.
The OPC shall inform RoC in form INC-5, if the threshold limits is exceeded and is required to be converted into private or public company. Thanks & Regards Venture Care Team ask@venture-care.com
In case the paid up share capital of an OPC exceeds Rs 50 lakh or its average annual turnover exceeds during the relevant period exceeds Rs 2 crore, then the OPC has to mandatorily convert into private or public company. Thanks & Regards Venture Care Team ask@venture-care.com
Form INC-6 shall be filed by an OPC for conversion of an OPC into private or public company. Yes, the private company will also file form INC-6 for converting itself into an OPC. The paid up share capital of private company should not be exceeding fifty lakh rupees and should not have average annual turnover more than two crore rupees at the time of such conversion into OPC. The company shall be having one member and shall appoint one nominee to act as member in case of death or incapacity of the member at the time of conversion into OPC.
In case the paid-up share capital of a One person company(OPC) exceeds fifty lakh rupees or its average annual turnover of immediately preceding three consecutive financial years exceeds two crore rupees, then the OPC has to mandatorily convert itself into a private or public Limited company. The Annual turnover limit of a One person company(OPC) is two crore rupees The paid-up share capital limit of a One person company(OPC) is two crore rupees
The benefits of registering a One Person Company (OPC) in India include: Limited Liability: The shareholder’s liability is limited to the amount of capital invested in the company. Separate Legal Entity: An OPC has its own legal identity, separate from its shareholder. Continuity of Business: The nomination of a nominee ensures the continuity of business in case of the shareholder’s death or incapacity. Ease of Compliance: OPCs enjoy certain exemptions and simplified compliance requirements compared to other types of companies. Credibility: Registration as a company enhances the credibility and trustworthiness of the business. Single Ownership: The single shareholder has full control over the company’s decisions, leading to faster decision-making. These questions and answers cover the fundamental aspects of registering an OPC in India, providing a comprehensive understanding of the process.
Let’s discuss the different types of business structures in India, following is the list of same: Private Limited Company: This Company is the most prevalent & popular type of corporate legal entity in India. Private Limited Company is a privately held business entity and Company is privately held by the shareholders & the maximum number of shareholders shouldn’t be more than 200. Similarly, the liability arrangement in a Private Company is that of a Limited Partnership, wherein the shareholder’s liability extends only up to the number of shares held by them. Usually, a Private Company in India doesn’t offer or trade its shares to the general public on the stock exchanges, but rather the private stock of the Company is traded or owned. Public Limited Company: This Company is a group of members which is incorporated under the Companies Act and it has a separate legal existence & the liability of its members are limited to the share they hold. OPC or One Person Company: A One Person Company is a company established by only one person. A single person established & managed the Company. A One Person Company has all the features of a Company like limited liability, perpetual succession & a separate legal entity. LLP or Limited Liability Partnership: Limited Liability Partnership is an alternative corporate business that gives the benefits of limited liability of a Company & the flexibility of a Partnership. It is liable to the full extent of its assets but liability of the partners is limited to their agreed contribution in the Limited Liability Partnership. Sole Proprietorship: This is a business that is completely owned & controlled by a single person, a Company or a Limited Liability Partnership. There are no partners in the business. Sole Proprietorship is not a separate legal entity from the business owner. The business owner has unlimited liability that means the owner is personally liable for all the debts & losses of the Sole Proprietorship.
Let’s discuss the different types of business structures in India, following is the list of same: Private Limited Company: This Company is the most prevalent & popular type of corporate legal entity in India. Private Limited Company is a privately held business entity and Company is privately held by the shareholders & the maximum number of shareholders shouldn’t be more than 200. Similarly, the liability arrangement in a Private Company is that of a Limited Partnership, wherein the shareholder’s liability extends only up to the number of shares held by them. Usually, a Private Company in India doesn’t offer or trade its shares to the general public on the stock exchanges, but rather the private stock of the Company is traded or owned. Public Limited Company: This Company is a group of members which is incorporated under the Companies Act and it has a separate legal existence & the liability of its members are limited to the share they hold. OPC or One Person Company: A One Person Company is a company established by only one person. A single person established & managed the Company. A One Person Company has all the features of a Company like limited liability, perpetual succession & a separate legal entity. LLP or Limited Liability Partnership: Limited Liability Partnership is an alternative corporate business that gives the benefits of limited liability of a Company & the flexibility of a Partnership. It is liable to the full extent of its assets but liability of the partners is limited to their agreed contribution in the Limited Liability Partnership. Sole Proprietorship: This is a business that is completely owned & controlled by a single person, a Company or a Limited Liability Partnership. There are no partners in the business. Sole Proprietorship is not a separate legal entity from the business owner. The business owner has unlimited liability that means the owner is personally liable for all the debts & losses of the Sole Proprietorship.
Such Company is known as one person Company(OPC) or sole proprietorship.
Select a unique name and ensure that company name is not similar to any other Private limited, OPC, LLP or Public limited company. Also, do check if your first is not a registered trademark taken by anybody under the IP act. Also, make sure the name is not too generic to be accepted by the ROC and also, try not to use abbreviations, adjectives. While choosing the name make sure that name should contain the objective of the business like if the objective is I then word is Technology, technosoft, IT consultancy.
A One Person Company (OPC) in India is a unique type of business entity that caters to the needs of sole entrepreneurs. Here are the key features of an OPC: Single Shareholder Sole Ownership: An OPC can have only one shareholder who is the sole owner of the company. This feature is designed to support single entrepreneurs who want to run a company without any partners. Nominee for the Shareholder Nominee Requirement: The sole shareholder must appoint a nominee at the time of incorporation. The nominee will take over the company in case the original shareholder becomes incapacitated or dies. Limited Liability Protection Liability: The shareholder's liability is limited to the amount of capital invested in the business. This protects personal assets from business liabilities. Separate Legal Entity Legal Status: An OPC is a separate legal entity distinct from its owner. This means it can own property, incur debt, and enter into contracts in its own name. Less Compliance Reduced Compliance: Compared to other types of companies, OPCs have fewer compliance requirements, making them easier to manage. For example, OPCs do not need to hold annual general meetings (AGMs). Perpetual Succession Continuity: The company has perpetual succession, meaning it continues to exist even if the owner passes away. The nominee becomes the new shareholder and can continue the business. No Minimum Paid-Up Capital Capital Requirements: There is no mandatory minimum paid-up capital requirement for an OPC, giving flexibility to the entrepreneur. Restrictions on Conversion Conversion Conditions: An OPC cannot voluntarily convert into any kind of company (except a private company) before two years from the date of incorporation unless it crosses the threshold limits (paid-up share capital of ₹50 lakh or average annual turnover of ₹2 crore). Tax Benefits and Deductions Taxation: OPCs are taxed like private companies, which means they can avail of various tax deductions and benefits available to private companies. Business Credibility Professional Image: Operating as an OPC provides a more professional image and credibility compared to operating as a sole proprietorship. Single Director Management: An OPC can be managed by a single director. However, it can have up to 15 directors if needed. Easy Funding Raising Capital: While an OPC cannot issue shares to the public, it can raise funds through loans, venture capital, and financial institutions. Regulation and Governance Regulatory Compliance: An OPC must comply with the regulatory framework laid down by the Companies Act, 2013. This includes filing annual returns, financial statements, and maintaining proper books of accounts. Restrictions on Business Activities Activity Limitations: OPCs cannot engage in non-banking financial investment activities, including investment in securities of any body corporates. By offering these features, the OPC structure aims to provide a balance between the flexibility of a sole proprietorship and the benefits of a corporate framework, catering specifically to small businesses and individual entrepreneurs.
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