At the point when the need emerges, a Partnership firm could change to a One Person Company (OPC). Because of issues like proprietor’s risk, legal status, registration, and validity, the Partnership could change over the business into an OPC. At the point when a Partnership is changed to an OPC, the organization’s resources are safeguarded on the grounds that the proprietor’s liability is limited to the worth of their portion. Organizations that go to an OPC likewise gain legitimate status in light of the fact that an OPC is a legal form.
A One Person Company (OPC) is framed by a solitary person. The Companies Act of 2013 oversees and directs OPCs. An organization, then again, is shaped by a proper understanding between at least two gatherings to oversee and work a business mutually. A Partnership is a business plan in which at least two people share profit and misfortunes. The Indian Partnership Act of 1932 oversees and manages Partnership firms.
Partnership versus One Person Company
Legal element: An OPC is a different legitimate element where the proprietor and the business are two unmistakable elements. In a Partnership, then again, there is no understanding of a different legal element. The Partnership and its members are all perceived as a solitary element.
Obligation: In a Partnership, the accomplices are by and by responsible for any misfortunes caused by the firm. Accomplices have the disadvantage of limitless responsibility, and that implies that the risk might stretch out to the accomplices’ resources. An OPC, then again, is a different legal element with limited obligation. The sole proprietor has limited risk up to how much the offer capital or the worth of the organization’s portions in OPC.
Proprietor: In an OPC, the proprietor and the business are two unmistakable elements, while, in a Partnership, the proprietor and the business are something very similar.
Registration A Partnership firm needn’t bother with to be enlisted. A One Person Company, then again, should be enrolled under the MCA and Companies Act, 2013.
Benefits
A Partnership that changes to an OPC acquires different benefits.
They are as per the following:
• According to the guidelines of the Companies Act of 2013, registration of an OPC with the MCA (Ministry of Corporate Affairs) is obligatory. A Partnership firm could possibly be enrolled; enlisting a Partnership is totally deliberate. This offers the OPC a benefit over the Partnership since it lays out the OPC’s dependability.
• OPCs are privately owned businesses that are government-enlisted. Subsequently, getting finance from monetary foundations is simpler for OPCs than for Partnerships.
• In contrast with a Partnership, the OPC gives a more powerful corporate construction since they are a legitimate element with appropriate enlistment.
• In a One Person Company, the proprietor and the business are two particular elements which imply that it is not quite the same as its part. Accordingly, the individuals’ resources are not responsible for any misfortunes caused by the firm. Thus, there are not many liabilities in that frame of mind of OPCs.
Process
Process for Conversion
The main condition for change is “The partnership firm ought to have 7 (seven) or more individuals at the hour of transformation”. Nonetheless, MCA has decreased this breaking point to 2(ii) under the Companies Amendment Act, 2017. This changed arrangement is as yet not relevant as on 30.04.2018.
Initial step:
Sort out a gathering of the accomplices to get the assent of most of their accomplices met to register the organization firm under segment 366 of the Companies Act, 2013. To approve at least two accomplices to do whatever it may take and to execute all papers, deeds, archives and so forth compliant with the registration of the organization firm as an organization.
Partnership firm needs to apply for accessibility of name in RUN. One of the significant benefits is that the business can be carried on for the sake of organization just (dependent upon accessibility of name according to the name accessibility rules of Companies Act) word ‘Limited’ or ‘Private Limited’ must be added.
Apply for Name Approval:
a. Sign on to MCA site
The candidate needs to sign in to his/her record on the MCA site. (Supportive of existing clients can utilize a prior account or new clients should make another one.)
In the wake of signing in, click on the “Run” symbol in the MCA administration. A online form will open. Candidates need to fill the data on the web. (This form can’t be downloaded)
Note* With impact from January 26, 2018, e-Form INC-1 has been supplanted by the Companies Act, 2013.
Note: * Approval of name through “Run” is an elective strategy. Organizations can straightforwardly apply for name in SPICE form.
Second step:
After endorsement of the name or for fuse of the organization the candidate needs to set up the accompanying reports and record the accompanying form alongside required archives with the Registrar of Companies in no less than 20 days from the date of name endorsement.
Preparation of MOA and AOA:
After legitimate documenting of the Spice Form, the candidate needs to download the e-Forms INC-33 (MOA) and IN-34 (AOA) from the MCA website. In the wake of downloading the form fill all the data in the forms as expected from Table A to J of Schedule I.
After totally filling the form attach the DSC of the multitude of Subscribers and Professionals on the endorser sheet of MOA and AOA.
Fill in the subtleties of PAN and TAN:
It is required to specify the subtleties of PAN and TAN in Incorporation Form INC-32. The connection to figure out the area code for recording PAN and TAN is given in the assistance pack of Spice Forms.
Fill in the subtleties of GST in Agile:
Referencing the subtleties of GST in Agile Form is compulsory. If organization has any desire to apply then select yes in any case select no and present the form.
SUBMISSION OF URC-1, INC-32, 33, 34, AGILE ON MCA-:
When the candidate has every one of the 5 forms prepared, transfer all the three record connected forms on the MCA site and make the payment.
Certificate of Incorporation-:
The Incorporation Certificate will be created with CIN, PAN and TAN.
Conclusion
Integrating firms into the organization after the announcement of decrease of assessment obligation in companies is gainful. The course of such transformation is extremely straightforward as made sense of above.