The concept of One Person Company (OPC) has been introduced by Companies Act, 2013 to encourage small entrepreneurs and startups that want to have a corporate status but are worried of compliance cost involved in it. OPC can be formed by a single member. Any person who is an Indian citizen or resident of India can become a director or shareholder. As there is only 1 member in the company, there is no need to hold an AGM. OPC is also exempt from provision of rotation of directors
Some of the compliances which an OPC is required to make are as below:-
Filing of MGT-7
Filing of AOC-4
Filing of ADT-1 (if needed)
Filing of Income Tax Return
An OPC is required to appoint the First Auditor of the company within 30 days of its incorporation. Form ADT-1 is required to be filed for such appointment with the ROC. However, OPC are exempt from the provisions of rotation of auditor. But if the auditor resigns, the OPC shall be required to appoint other auditor and file Form ADT-1
An OPC is required to file its annual return for the period ending on 31st March within 60 days of completion of AGM. In this regard, Form MGT-7 is to be filed with ROC every year.
If the AGM does not take place, annual return in Form MGT-7 shall be filed within 60 days of the date on which AGM should have taken place. It is to be noted that AGM of a company can take place till 30th September so last date of filing MGT-7 for an OPC shall be 29th November where AGM has not taken place. Form MGT-7 shall be signed by CS or director of the company (in case there is no CS)
An OPC is required to file the annual accounts and necessary attachments to ROC in Form AOC-4 within prescribed time limit. As per Company Act, 2012, Every OPC shall file a copy of financial statements duly adopted by its members, along with necessary documents within 180 days from the closure of the financial year. It means that last date of filing AOC-4 for OPC is 27th September every year
Following shall be attached with AOC-4:
Under Section- 137(1) of Companies Act, 2013, it is mandatory for the company to adopt its financial statements in a board meeting and signed by directors
An OPC has been allowed to file Form AOC-4 without attaching cash flow statement. It means that an OPC is not required to prepare cash flow statement as a part of compliance
Documents Required for MGT-7:
Documents required for AOC-4:
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