What are the Requirements to Register One Person Company?
Prior to registering a one person company (OPC), it is essential to comprehend the particular requirements for registering an OPC in India:
- An OPC may only be established by a natural person who holds Indian citizenship. This includes both Indian residents and Non Resident Indians, since the MCA amendment effective 1 April 2021 opened up OPC registration to NRIs as well. It cannot be established by legal entities such as businesses or LLPs.
- The promoter must have spent at least 120 days in India during the preceding financial year to qualify for registering an OPC, a threshold reduced from the earlier 182 day requirement under the same 2021 amendment.
- OPC must have a minimum authorized capital of Rs 1 lakh as mentioned in the company's capital clause at the time of its registration. There is no minimum paid up capital requirement, and no mandatory conversion trigger based on paid up capital or turnover, since those earlier thresholds were removed in 2021.
- At the time of OPC's incorporation, the promoter is required to appoint a nominee. In the case of the promoter's demise or incapacity, the nominee will take over the operations of an OPC.
- Companies engaged in financial operations, like banking, insurance, or investing cannot incorporate an OPC.
- An OPC can voluntarily convert into a Private Limited Company or Public Limited Company at any time after incorporation, as the earlier two year waiting period before conversion has also been removed.