As with a Private Limited Company, an OPC Private Limited Company is registered with the Registrar of Companies (MCA).

Steps for Registering / Incorporating an OPC Private Limited Company

Step 1: Obtain Digital Signature Certificate or DSC

It is mandatory for the Director / Shareholder / Member to have a valid Digital Signature Certificate (DSC). The registration process is online and the forms need to be signed electronically with the digital signature.  

The Digital Signature Certificates (DSC) must be obtained only from government recognized certifying agencies.

Step 2: Name Approval / Reservation

In order to register or incorporate an OPC Private Limited Company in India, the name for the proposed company should be approved by the MCA Authorities. Hence, it is recommended to apply for the Name Reservation before applying for incorporation.

The proposed Company Name has to be unique and should not have been taken by any other business. Availability of the name can be searched on http://www.mca.gov.in/mcafoportal/showCheckCompanyName.do

Also, the proposed company name should not be already Trademarked by anyone else. You can check the Trademark availability here https://ipindiaonline.gov.in/tmrpublicsearch/frmmain.aspx

Few General Guidelines for Name Approval / Reservation:

• The Proposed Name should be easy to spell and remember
• The proposed name should provide a distinct identity to the company
• To the extent possible, the proposed name should be short & simple
• The proposed name should not contain any word opposed to Public Policy or should not be Prohibited by Law
• Proposed Name should not infringe any Trademark registered and should not be similar or identical to any existing Company / LLP

Step 3: Application for issuance of Certificate of Incorporation

Once the name is reserved and approved, the same shall be valid for only next 20 days. The next step is to file an application for obtaining the Certificate of Incorporation using SPICe forms that has to be filed with the MCA (Within the valid time, if the name has been reserved).

Alternatively, the name reservation step can be avoided, and the SPICe forms for obtaining the Certificate of Incorporation may be filed.

Drafting Memorandum of Association (MoA)

Memorandum of Association is a legal document which showcases the Main Objectives of the OPC private limited company as well as information on the member shareholder.

Drafting Articles of Association (AoA)

Articles of Association is a legal document which has the rules and regulations for the general management of the OPC private limited company.

They define the rights, duties, powers of the management of the company and also provides the manner in which the operations and administration should be carried on.

SPICe Form (Simplified Proforma for Incorporating Company Electronically)

Ministry of Corporate Affairs (MCA) has recently introduced the SPICe Form INC-32 where the full form translates to “Simplified Proforma for Incorporating Company Electronically” (company registration form).

Form INC-32 must be accompanied by supporting documents including Details of Directors & Subscribers, Affidavits, Declarations, Identity Proof, Address Proof, MoA, and AoA etc.

Once the eForm is filed, it shall be processed by the MCA’s Central Processing Centre. If found complete, the company would be registered and Corporate Identification Number (CIN) would be allocated along with a Certificate of Incorporation.

AGILE PRO

Agile Pro stands for the Application for Goods and services tax Identification number, employees state insurance corporation registration plus Employees provident fund registration, Profession tax Registration, Opening of bank account and Shops and Establishment Registration Number.  (AGILE PRO S – since 2021).

Hence, as the name itself suggests, agile pro form facilitates ancillary business registrations that a company is subjected to, upon incorporation. This is a concept introduced by the government after considering the ease of doing business in India.