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One Person Company

This is a new form of business organization introduced by the Companies Act 2013. This provides best of both worlds for a sole business owner. He/she has the safety of a Company form of organization but has the control of sole proprietorship business.

This form of organization is best suited for sole proprietorship business in the high risk business world as he gets certain amount of insulation from these risks. Only a person (a natural person) who is a citizen and a resident in India can form a One Person Company (OPC). The shareholder has to have a nominee who will take over the business in case of death or incapacity of the sole shareholder.

Advantages

  • Mainly it offers the safety of limited liability of Companies to a sole business owner
  • He can be the sole owner and director and does not need another person as director of shareholder. While he can have up to 15 directors

Disadvantages

  • A person shall not be eligible to incorporate more than a single OPC or become nominee in more than one such company
  • There is a threshold limit of Rs. 50 Lakhs of paid up share capital and Rs 2 crore annual turnover. Once these limits are breached the OPC will have to convert to Private limited or Public Limited Company
  • The OPC cannot be converted to any other form of business unless 2 years have elapsed from the date of incorporation or condition mentioned above has exceeded

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