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Rise Of One Person Companies (OPCs) And Small Companies Post-2021 Amendments: Opportunities And Challenges In India




M Ruthraprakash, Surendran R & Dwarakesh K, KMC College of Law


ABSTRACT


The Companies Act, 2013 introduced One Person Companies (OPCs) and Small Companies to encourage entrepreneurship and promote formalization among micro-businesses. Initially, statutory restrictions limited their effectiveness. The Companies (Incorporation) Second Amendment Rules, 2021 removed many barriers, making OPCs and Small Companies more attractive to entrepreneurs by easing residency rules, allowing non-resident Indians (NRIs) to incorporate OPCs, eliminating capital and turnover thresholds, and simplifying conversion procedures. Small Companies also benefitted from increased capital and turnover limits and reduced compliance obligations.


This paper traces the evolution of OPCs and Small Companies after the 2021 reforms. Drawing from Ministry of Corporate Affairs (MCA) data and comparative legal analysis, it assesses their impact on Indian entrepreneurship, examines challenges in financing and governance, and situates Indian developments alongside the United States’ single-member limited liability company (LLC) model. The paper concludes with recommendations to strengthen the legal framework and argues that OPCs and Small Companies can become significant drivers of India’s start-up ecosystem if policy gaps are addressed.


Keywords: One Person Company, Small Company, Companies Act 2013, 2021 Amendments, MCA Data, Entrepreneurship



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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