ONE PERSON COMPANY AND HOW IT IS REGISTERED?
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One Person Company
One Person Company is a new type of business entity in India introduced through the Companies Act, 2013. One Person Company is an option for those Entrepreneurs who require a corporate legal entity and are starting their business without any Partners. In One Person Company, one person can hold 100% shareholding of the Company and be the sole Director of a Company. Whereas for a Private Limited Company a minimum of two Shareholders and two Directors are required.
STEPS OF GETTING IT REGISTERED
Step 1: Digital Signature Certificate
Digital signature certificate must be obtained for the main Director of the One Person Company. Digital signature certificate can be obtained by submitting the signed digital signature application form along self attested copies of PAN card and address proof like drivers license, aadhar card, electricity bill, etc., A digital signature certificate can be be obtained in 1 to 2 working days.
Step 2: Prepare Incorporation Documents
To file for incorporation of One Person Company, the following documents are required.List of documents required for filing Form INC-29:
Memorandum of Association
Articles of Association
Declaration
Affidavit
Proof of registered office address
Copies of utility bill of registered office address not more than 2 months old
Identity and address proof of the main Director
Identify and address proof of the nominee Director
Step 3: File for Incorporation
Once the above documents and form INC-29 are prepared, digital signature of a financial professional (CA/CS/CWA/Lawyer) must be affixed on the INC-29 form along with the digital signature of the main Director. Form INC-29 is now ready to be filed with the MCA.
Step 4: One Person Company Registered
If the Form INC-29 and the attached documents are in conformance with Companies Act, 2013, then the One Person Company would be registered and Certificate of Incorporation would be issued by the Registrar. In case there are errors with the INC-29 filing, then the Registrar would request a re-submission of form INC-29 with changes. The form can be resubmitted within 15 days for reprocessing by the Registrar.
CA SAYAM RASTOGI
Category : Corporate Law | Comments : 0 | Hits : 1087
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