The Articles of Association of One Person Company is a mandatory document required when establishing a One Person Company in India under the Companies Act, 2013. This document becomes necessary when an individual wishes to incorporate a company as the sole shareholder, providing limited liability protection while maintaining complete control over the business. It contains essential provisions regarding company management, share capital, nomination requirements, and operational procedures. The document must comply with Indian corporate law requirements, particularly those specific to OPCs, such as mandatory nomination provisions and simplified governance structures. It serves as the company's constitutional document and is binding on both the company and its sole member, establishing the framework for all corporate actions and decisions.
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1. Preliminary: Contains the name, type of company (OPC), registered office details, and public company status
2. Interpretation: Definitions of key terms used throughout the Articles
3. Sole Member Provisions: Details of the sole member, their rights, and nomination requirements as per Section 3 of Companies Act, 2013
4. Share Capital and Variation of Rights: Details of share capital structure, types of shares, and rights attached
5. Management of Company: Provisions regarding the management structure, appointment of directors, and decision-making process
6. Meetings and Resolution Process: Rules for conducting meetings and passing resolutions, adapted for OPC structure
7. Board of Directors: Appointment, removal, powers, and duties of directors
8. Seal: Provisions regarding the company seal and its use
9. Accounts and Audit: Requirements for maintaining accounts, conducting audits, and financial reporting
10. Indemnity and Insurance: Provisions for indemnifying directors and officers
1. Corporate Social Responsibility: Required if company meets threshold under Section 135 of Companies Act, 2013
2. Electronic Communication: Provisions for electronic notices and communications if company wants to enable digital operations
3. Borrowing Powers: Detailed provisions about borrowing limits and procedures if company anticipates taking loans
4. Foreign Investment Provisions: Required if foreign investment is anticipated or planned
5. Conversion Provisions: Procedures for converting to private/public company if future conversion is anticipated
1. Schedule I - Details of Sole Member: Complete details of the sole member including nomination details
2. Schedule II - Initial Share Capital Structure: Detailed breakdown of initial share capital and shareholding pattern
3. Schedule III - Nomination Form: Standard form for nomination of person to become member in case of death/incapacity
4. Appendix A - Board Resolution Ƶ: Standard templates for common board resolutions
5. Appendix B - Compliance Checklist: Checklist of regular compliance requirements for OPC
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