Conversion of Private Limited Company to OPC

Conversion of Private Limited Company to OPC

A One Person Company (OPC) is a company that has only one member and one director. It is a type of private limited company. The Companies Act, 2013 provides for the conversion of a private limited company into an OPC.

The process of converting a private limited company into an OPC is as follows:

  1. Board Meeting

The first step is to hold a board meeting of the private limited company. At this meeting, the directors of the company need to approve the conversion of the company into an OPC.

  1. Extraordinary General Meeting (EGM)

Once the board meeting has approved the conversion, an extraordinary general meeting (EGM) of the shareholders of the company needs to be held. At this meeting, the shareholders need to pass a special resolution to convert the company into an OPC.

  1. No Objection Certificate (NOC) from Creditors

If the company has any creditors, they need to give a no objection certificate (NOC) for the conversion of the company into an OPC.

  1. Filing of Forms with the Registrar of Companies (ROC)

Once the NOC from creditors has been obtained, the following forms need to be filed with the ROC:

  • Form MGT-14: This form is used to notify the ROC of the decision to convert the company into an OPC.
  • Form INC-6: This form is used to apply for the conversion of the company into an OPC.
  1. Issuance of Certificate of Incorporation

Once the ROC has processed the application, it will issue a certificate of incorporation to the OPC.

Benefits of Converting a Private Limited Company into an OPC

There are several benefits of converting a private limited company into an OPC. These benefits include:

  • Easy Formation and Compliance

The process of forming and complying with the requirements of an OPC is much simpler than that of a private limited company.

  • Single Point of Control

As an OPC has only one member and one director, there is a single point of control over the company. This can make it easier to make decisions and take action.

  • Flexibility

OPCs are more flexible than private limited companies in terms of the activities they can undertake and the number of directors they can have.

  • Tax Benefits

OPCs are eligible for certain tax benefits that are not available to private limited companies.

Drawbacks of Converting a Private Limited Company into an OPC

There are also some drawbacks to converting a private limited company into an OPC. These drawbacks include:

  • Limited Funding Options

As OPCs are relatively new, they may have limited access to funding options.

  • Limited Liability

The liability of the members of an OPC is limited to the extent of their investment in the company. This means that if the company goes bankrupt, the members' personal assets are not at risk. However, this also means that the members cannot benefit from the company's profits beyond their investment.

Conclusion

The decision of whether or not to convert a private limited company into an OPC is a complex one. There are a number of factors that need to be considered, such as the size and structure of the business, the needs of the shareholders, and the tax implications. If you are considering converting your company into an OPC, it is important to seek professional advice to ensure that you make the right decision for your business.



Created & Posted By Abhishek Kumar
Accounts executive at TAXAJ

TAXAJ is a consortium of CA, CS, Advocates & Professionals from specific fields to provide you a One Stop Solution for all your Business, Financial, Taxation & Legal Matters under One Roof. Some of them are: Launch Your Start-Up Company/Business, Trademark & Brand Registration, Digital Marketing, E-Stamp Paper Online, Closure of Business, Legal Services, Payroll Services, etc. For any further queries related to this or anything else visit TAXAJ

Watch all the Informational Videos here: YouTube Channel


TAXAJ Corporate Services LLP
Address: 1/11, 1st Floor, Sulahkul Vihar, Old Palam Road, Dwarka, Delhi-110078
Contact: 8961228919 ; 8802812345 | E-Mail: connect@taxaj.com