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A Critical Evaluation Of The Concept Of One Person Company





Raunak Jain, Symbiosis Law School, Pune


ABSTRACT


One Person Company is a perception which has taken the classical concept of limited liability and joint stock and added features of sole-proprietorship to the same, thereby resulting in the addition of the favourable features of such sole-proprietorship concern to a company. These favourable features are: increased control and decision-making power, exclusion of lengthy and complicated procedures and legal hassles and of course, the existent limited liability. This research paper encompasses the provisions relating to a One Person Company in India, as legislated by the Parliament in the Companies Act, 2013. Moreover, a comparative perspective with regard to One Person Companies and similar concepts from jurisdictions of foreign statutes have also been presented. The research methodology in the paper is secondary or doctrinal research, where bare provisions, articles, online articles and committee reports have been referred to. The obvious drawback in the research paper is the lack of material available on One Person Companies which is a new aspect of company jurisprudence, for which reason, there is a scarcity of scholarly research and cases. The paper also contains a detailed analysis and critical review of OPC as a concept.


Keywords: One Person Company (OPC), Single-member, Limited Liability.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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