One Person Companies (OPCs) are popular among business owners due to their ease of use, limited liability, and reduced compliance requirements. But when companies expand, the requirement for partnerships, investment, and scalability sometimes makes becoming a Private Limited Company (Pvt Ltd) an alluring alternative. The Companies Act of 2013 governs both OPCs and Pvt Ltd businesses, however misunderstandings regarding OPC conversion may make people hesitant. Let's dispel some widespread misconceptions and correct them.
Misconceptions
1. Conversion process is complicated
Even while the conversion process could appear overwhelming, if you follow the correct procedures, it's actually rather simple. The majority of the necessary procedures, such as submitting forms via the Ministry of Corporate Affairs (MCA) online, are expedited, and the process is supervised by the Registrar of Companies (ROC). If you fulfil the fundamental criteria, such filing the required paperwork and keeping accurate financial records, compliance is doable.
2. OPC to Pvt. Ltd. Conversion requires High Share Capital
It is no longer the case that converting to a Pvt Ltd necessitates a sizable amount of authorized or paid-up capital. Businesses can now convert more easily because the Companies Amendment Act eliminated the statutory minimum capital threshold. You can begin with any amount of share capital that your company need to function effectively.
3. Only large OPCs can covert to Pvt. Ltd. Company
Even small firms can convert to Pvt Ltd Company entities, despite the common misconception that only huge one-person corporations may do so. Businesses of all sizes have the option to convert proactively, but conversion becomes required if turnover exceeds the specified threshold. Large enterprises are not the only ones who can use the technique; small businesses and developing startups can both benefit from it.
4. Conversion of OPC causes loss of control
Some people worry that they may lose control if they become a Pvt Ltd corporation. Even though a Pvt Ltd structure adds directors and shareholders, you might still have a big say, especially if you own the bulk of the company. Board meetings and voting rights are used to make important decisions, but you can maintain leadership while delegating tasks if you have a defined management structure.
5. Post Conversion, Compliance burden becomes high
Although Pvt Ltd businesses must adhere to extra regulations, the difference isn't as great as it first appears. Annual filings and financial statements must be submitted by Pvt Ltd businesses as well as OPCs. Professional assistance makes the procedure more doable, even though Pvt Ltd firms are required to submit to additional registrar filings and statutory audits. Credibility with partners and investors is also improved by the additional compliance.
6. OPC cannot be converted back when converted to Pvt. Ltd. Company
Some entrepreneurs are concerned that they won't be able to return to their OPC status after converting to a Pvt Ltd. Nonetheless, future flexibility in company forms is permitted by the provisions of the Companies Act. If necessary, re-conversion or restructuring options might still be available, depending on your company's size, turnover, and ownership stake.
7. Cost of Conversion is prohibitive
Businesses are frequently discouraged from considering conversion because of the belief that it is costly. Even though there are filing fees, professional fees, and government fees, the total expenditures are reasonable, particularly if you prepare ahead. The long-term advantages of becoming a Pvt Ltd greatly exceed the costs, and anticipating and budgeting for these expenses guarantees that there are no unpleasant surprises.
8. Time taking process of conversion
Although it doesn't take as long as people think, the conversion procedure does involve some filing and approval time. The conversion can be finished in a few weeks with the right paperwork. If everything is submitted appropriately via the MCA portal, processing delays are uncommon. A seamless transition is ensured, and expectations are managed by being aware of the schedule beforehand.
Conclusion
There are a number of benefits to moving from an One Person Company(OPC) to a Private Limited Company, including improved access to capital, chances for company expansion, and alignment with long-term strategy. The conversion creates opportunities for scalability, collaborations, and better governance, even though it can result in more compliance. Clear conversion provisions are provided by the Companies Act, guaranteeing that the procedure is neither unduly complicated nor expensive.
Making an informed choice will be aided by comprehending the advantages of conversion and dispelling these widespread myths. Converting to a Pvt Ltd company could be the secret to realizing the full potential of your firm, regardless of whether you are motivated by the need for expansion or prospective future investment prospects.
FAQs
1. Does losing control of the company occur when an OPC is converted to a Private Limited Company?
Ans. No, losing control is not a consequence of the conversion. The original owner may continue to wield significant decision-making authority as a director and shareholder. However, a Private Limited Company introduces shared ownership and management by requiring a minimum of two directors and two shareholders.
2. Is the converting process difficult and time-consuming?
Ans. This is a misconception, to put it simply. If all compliance criteria are fulfilled, such as completing legal formalities, changing the Memorandum of Association (MoA) and Articles of Association (AoA), and filing the required papers (such as INC-6) with the Registrar of Companies (RoC), the process is simple.
3. Will taxes increase if you convert to a Private Limited Company?
Ans. Response: Not always. The same corporation tax rates apply to private limited companies and OPCs. The company's income and expenses, not its structure, determine its tax liability.
4. Is it harder to run a private limited company than an OPC?
Ans. A Private Limited Company must maintain statutory registers and have board meetings, among other compliance needs, but these may be handled with the right procedures or expert help.
5. Does the conversion restrict the company's ability to do business?
Ans. In contrast to an OPC, a private limited company has a wider range of operations. It can more readily extend its activities, acquire new partners, and raise money from a variety of stockholders.