Convert OPC to Private Limited Company

An OPC must have a minimum of two directors and two members in order to become a private limited company. Additionally, the modification of the OPC’s Memorandum of Association (MOA) and Articles of Association (AOA) must be approved by a board decision.

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INTRODUCTION

Do you know about the conversion of an OPC to a Private Limited Company?

A One Person Company’s conversion to a Private Company may provide opportunities to explore further advantages like fund raising. Without meeting the requirements for average annual turnover and paid-up share capital, an OPC may choose to voluntarily change into a PLC. The Central Government receives the application for conversion following the OPC’s swapping of the MoA and AoA. Both the company’s rights and responsibilities remain in effect following the conversion, as does its legal existence. Its conversion to a private company requires the appointment of at least two directors and shareholders in order to meet the minimal criterion. Growth prospects and other funding possibilities such as ESOP, private placement investment, and many more are aided by conversion.

ADVANTAGES

Advantages of Conversion of OPC to a Private Limited Company

Easier to Raise Funds

A private limited company can acquire money in a variety of methods, including through private equity, an employee stock purchase plan (ESOP), and other means. This makes financing capital for the firm fairly simple.

Limited Liability of Owners

The owner's personal assets are not charged in relation to the company's obligations or debts. Their liability is capped at the capital they subscribed but did not pay.

Taxation Benefits

Due to its lack of recognition under the Income Tax Act, One Person corporations are taxed in the same manner as other corporations. The 30% total income tax rate now applies to private businesses. Due to the significant financial burden that a one-person company causes, the notion of one person companies becomes less lucrative when considering taxes.

Separate Legal Existence

In the perspective of the law, a Private Limited Company is created, distinct from its owners and management, upon registration. In its own name, the business is able to do business, possess assets, create bank accounts, and sign contracts with third parties. You may also file a lawsuit against other people using this.

A LIST OF DOCUMENTS

Documents Required to Convert an OPC to a Private Limited Company

PAN Card

PAN Card of all partnersForeign nationals may provide passport

Identity Proof

All partners' Aadhar cards, voter IDs, passports, and driver's licenses

Photograph

Latest Passport size photograph of all partners

NRI

For NRIs or foreign nationals, the partner's paperwork must be notarized or apostilled.

Address Proof

Current Bank Account Statement for Directors and Shareholders; Telephone Bill; and Electricity Bill

Financial Statements

Certified copy of latest audited financial statements

Incorporation documents of the OPC

Certificate of Incorporation, MoA, and AoA will be given.

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Convert OPC into Private Company in 3 Easy Steps

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Process of converting OPC to Pvt. Ltd.

Day 1-2

Day 3-8

Day 9 – 15

Day 16 onwards

Explore one person company to private limited company conversion
Frequently Asked Questions

  • There are no such requirements as stated in Rule 6 of the Companies (Incorporation) Second Amendment Rules, 2021. Nevertheless, the following conditions were in place prior to the second amendment regulations, 2021:
    – Should the OPC’s paid-up share capital surpass ₹ 50 lakh.
    – If, for the previous three (3) years in a row, the annual turnover has exceeded ₹ 2 crores.
  • Yes, OPC may freely change its status to that of a Private or Public Company if it meets the necessary requirements. Two directors and shareholders are required in the case of a private limited company. According to the Companies Act of 2013, a public corporation must have at least three directors and seven shareholders.

     

  • NO, an OPC is not permitted to engage in non-banking, financial, or investing activities, including the purchase of securities from any corporate entity, or to be incorporated as or changed into a business for non-profit, charitable purposes.

     

  • The company’s obligations, debts, or liabilities won’t change in any manner following the conversion. Therefore, the business will be responsible for all of its prior debts
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