Do you want to start your own company alone? We are glad to inform you that now you can start your business as a One Person Company. Unlike the traditional sole proprietorship firm, OPC gives the multiple benefits of limited liability, separate legal entity, fewer requirements and much more to the owner.
Till 31 st March 2014 any person who desires to form legal entity was required to pool in one other member. This is because a minimum two members were required to form a private limited company. Thus the sole person was left only with the option of proprietorship that is not a legally recognized entity. Considering the dilemma of millions of aspiring entrepreneur the concept of One Person Company (OPC) was introduced. This concept was introduced through the Companies Act 2013, bringing the biggest reforms in the corporate world. This concept was introduced after assessing its huge success in many other leading countries like Singapore, USA, and Europe. Here we have listed out the major benefits of OPC.
Advantages of One Person Company
One Person Company gives legal status to the company just like the private limited company. The legal identity helps the company to build a name in the market and creates a trust of suppliers and customers. Every large enterprise prefers to deal with the legal business structure rather than the proprietorship firms. Moreover, a corporate structure helps the company to attract qualified and experienced workforce and retain them for a longer period of time.
Limited Liability of Directors and shareholders
One of the major benefits of incorporating the One Person Company is of limited liability. The liability of the shareholders and the members of the OPC are limited to their share only. Profit and loses both are the part and parcel of the business. Thus sometimes the company may incur heavy losses also. In such situations, it is very important for a business owner to protect his personal assets. If a person is operating under proprietorship he will be personally liable for the liabilities of the business. One the other OPC provides the limits on the liability of person this means any loss or debts which is pure of business nature will not impact, personal savings or wealth of an entrepreneur.
Unlike the private limited company, public limited company, etc the minimum requirements for incorporating an OPC are very the less. Following are the requirements for incorporating a one-person company in India-
• Minimum 1 Shareholder
• Minimum 1 Director
• The director and shareholder can be the same person
• Minimum 1 Nominee
• Minimum Share Capital shall be Rs. 1 Lac (INR One Lac)
• Letters ‘OPC’ to be suffixed with the name of OPCs to distinguish it from other companies
Easy to operate
One Person Company is comparatively a simpler form of business structure than others. Thus the compliance requirements of OPC are also very less as compared to others. Below we have mentioned some of the compliance requirements that every OPC are required to fulfill-
Annual general meeting or Extra Ordinary General Meetings is not required- As only one member is there in the OPC it is not required to conduct an AGM or EGM. Just the resolution must be communicated by the member of the company and shall be entered in the minute book and signed and dated by the member and such date shall be deemed to be the date of the meeting.
Conducting Board Meeting- Unlike many other forms of companies, the One Person Company may conduct just one meeting of Board of Directors of the company in each half of a calendar year. The gap between the two meetings shall not be less than ninety days.
Quorum- As there is only one director in an OPC the provisions Quorum for meetings of Board will not be applicable.
Few filings with the registrar of companies
The number of filing to be made with the registrar of companies is very less in case of OPC. Further, the compulsory rotation of auditor after the expiry of the certain term is not applicable.
In the eyes of law, the legal identity of the OPC and its member is considered a separate. Thus the life of the OPC does not come to end with the life of the member. In the absence of the member, the working of the OPC will be handled by the nominee appointed by him.
Flexibility in taxes and savings
The OPC is empowered to make a valid contract with its members. Thus it can give remuneration to its directors, lend money to them, give them rent for their property etc. Some of these expenses like Directors’ remuneration, rent and interest are allowed as the deduction which in result brings down the profits of the company and finally, the tax liability of the company also reduces.
Ease of obtaining loans from banks
It is easier for companies to obtaining the loan from banks and financial institutions rather than the unorganized form of business. Most of the bank asks the entrepreneurs to register themselves as a corporate entity to obtain loan seamlessly.
As the control of the operations of OPC lies with the single owner only the decision making is facilitated in a speedy manner.
Creates an organized sector for proprietorship firms
In India there lies a huge unorganized market. There are around lakhs of small and medium scaled enterprises that are working in an unorganized manner. With the introduction of OPC, a large segment of these unorganized sections is converted into an organized version of One Person Company. By bringing them under organized their liability is being made limited to their share only.
Elimination of unwanted middlemen
One person company enabled the sole entrepreneurs to set up their business on their own. Thus they can directly connect with the target market and avail other facilities without being forced to bring middlemen in between and share profits with him.