OPC Registration: Advantages & Disadvantages

Last Updated at: October 16, 2019
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The only avenue available to a single businessperson to register his or her company was to opt for a sole proprietorship. In recent years, a second option has been added. A One Person Company can be registered when there is only one owner of the trade. Explained here are the many pros and cons of selecting OPC.

A One Person Company (OPC) is best suited for people who wish to be sole entrepreneurs. While even a sole proprietorship offers the same benefit, unlike a sole proprietorship, an OPC offers limited liability and also a separate entity status, along with a better standing in the market (increased trust and respect).

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The major advantages of an OPC are as follows:

Safety Net

According to the Companies Act, in an OPC, the liability of the single shareholder is limited to the unpaid subscription money in his/her name. This means that his/her personal property is completely safe from creditors of the business.

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Succession

The Companies Act also provides for a person, nominated by the stakeholder, to take over the reins of the company in the event of the death or inability of the said stakeholder. This allows the OPC to have a continuous life, beyond that of the founding director.

Market Value

As the OPC is registered under the Act, it enjoys the same privileges that come with a firm being listed as a private limited company.

Easy Credit Facilities

The legality of this type of business and also the perpetual succession clause only makes it popular among banks and financial institutions.

Easier Return Filing

While it is mandatory for an OPC to get its accounts audited and file requisite annual returns, the same can be easily done with the signature of the director; the need for a company secretary’s signature is not mandatory.

Disadvantages of an OPC

Tax Rate

Since the firm is treated in the same way as a private company, the tax slab applicable is the same. That would mean an OPC would have to pay 30% tax on all profits. There are no exemptions.

Need for Change

An OPC will only support small businesses. If turnover crosses Rs. 2 crore, on average, for three consecutive years, the OPC must be converted to a private limited company, public limited company or LLP.

Only One

A person can only register only one OPC, until and unless it loses its status. This is bound to affect serial entrepreneurs.

To conclude, there are two chief factors to be kept in mind while registering an OPC. A tax slab of 30%, the same as a private limited firm, is the biggest demerit of an OPC. The most significant merit of a one-person company is the limited liability.

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    A lawyer with 14 years' experience, Vikram has worked with several well-known corporate law firms before joining Vakilsearch.