research paper on one person company

Indian Journal of Law and Legal Research ISSN: 2582-8878 | PIF: 6.605 Indexed at Manupatra, Google Scholar, HeinOnline & ROAD

Indian Journal of Law and Legal Research

• Sep 10, 2021

A Critical Evaluation Of The Concept Of One Person Company

Raunak Jain, Symbiosis Law School, Pune

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.

• Volume II Issue II

Abbreviation : IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

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Volume : V, Issue : VI, June - 2015

One person company: a critical analysis.

Dr. Madhu Sudan Dash

 The Companies Act, 2013 opens a new segment for organizing a business in India by providing the concept of OPC which is a legitimate way to incorporate a company with only one member. OPC is similar to the existing concept of Sole–proprietorship with separate legal entity distinct from its proprietors and promoters. OPC can run and undertake its business like Sole–proprietorship with the status of Company. It will not only provide them an opportunity to vent into something new but will also help them to access certain facilities like bank loans, legal shield for their business and a thorough access to the market as a separate entity

Article: Download PDF    DOI : 10.36106/ijar    Cite This Article:

Dr.Madhu Sudan Dash One Person Company: A Critical Analysis Indian Journal of Applied Research, Vol.5, Issue : 6 June 2015

Number of Downloads : 1619

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Introducing Single Member Companies in Ethiopia. Major Theoretical and Legal Considerations

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• Introducing Single Member Companies in Ethiopia. Major Theoretical and Legal Considerations; Dedication; Acknowledgments; Abstract; Acronyms and Abbreviations; Table of Contents; Chapter One;
• 1. Introduction; 1
• .1. Background of the Study; 1
• .2. Statement of the Problem and Research Questions; 1
• .3. Objectives and Significance of the Study; 1
• .4. The Scope and Limitations of the Study; 1
• .5. Research Method and Methodology; 1
• .6. Structure of the Study; Chapter Two;
• 2. General Overview of Single Member Companies; 2
• .1. Introduction; 2
• .2. The Meaning and Conceptual Underpinnings of SMCs.
• .3. Comparing SMCs with other Business Entities2.3
• .1. Sole Proprietorships vis-a-vis SMCs; 2.3
• .2. SMCs vis-a-vis Closed Corporations; 2
• .4. Arguments For and Against the Recognition of SMCs; 2
• .5. The Desideratum of Introducing SMCs into the Ethiopian Corporate Law; Chapter Three;
• 3. The Applicability of Corporate Theories to SMCs; 3
• .1. Introduction; 3
• .2. Major Theories on the Origin of Corporations; 3
• .3. The Applicability of Multimember Corporate Theories to SMCs; 3.3
• .1. Contract Theory on the Origin of SMCs; 3.3
• .2. Concession Theory on the Origin of SMCs.
• 3.3.3. The Theories of Legal Personality for SMCs3.3.4. The Theory of Limited Liability for SMCs; 3.3.5. Piercing the Corporate Veil of SMCs; 3.3.6. The Theory of Single Member Corporate Governance
• 3.3.7. The Theory of Single Member Corporate Taxation; Chapter Four; 4. Major Legal Frameworks for SMCs in Comparative Jurisdictions; 4.1. Introduction; 4.2. Formation of SMCs; 4.2.1. Form of SMCs; 4.2.2. The Founders of SMCs; 4.2.3. Minimum Capital Requirement for SMCs; 4.2.4. Publicity Requirements; 4.3. Management Structure and Control of SMCs.
• 4.3.1. The Case of ""One-man Board of Director""4.3.2. Rules on Meeting and Quorum; 4.4. Regulating Contracts Between Sole Member and the SMCs; 4.5. Rules on Accounting, Auditing, Reporting and Disclosure; 4.6. Transformation of SMCs; 4.7. Transfer of Shares and Interest of SMCs; 4.8. Dissolution and Winding up of SMCs; 4.9. Summary of the Comparative Analysis; Chapter Five; 5. Introducing SMCs into the Ethiopian Corporate Legal System; 5.1. Introduction; 5.2. Background to Ethiopian Corporate Law; 5.3. Legal Adjustments for SMCs; 5.3.1. Option 1
• SMCs as a New Company Form?
• 5.3.2. Option 2
• SMCs in the Form of Share Companies?5.3.3. Option 3
• SMCs in the Form of Private Limited Companies?; 5.4. Formation of SMPLCs; 5.4.1. Founders of SMPLC
• Natural Person or Legal Person?; 5.4.2. Minimum Capital Rule for SMPLCs; 5.4.3. Memorandum and Articles of Association; 5.4.4. Publicity Requirements for SMPLCs; 5.5. Organisation of the SMPLCs and Some Regulatory Consideration; 5.5.1. Management of SMPLCs; 5.5.1.1. Powers of Manager(s); 5.5.1.2. Meetings and Quorum; 5.5.2. Regulatory Safeguarding Measures for SMPLCs; 5.5.2.1. The Recording of Decisions by Sole Member.

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ISSN 2581-5369

HeinOnline, MANUPATRA, Google Scholar Indexed

One Person Company

• Darshika Mall and Shreyanshi Kumari Khushi
• Show Author Details

Darshika Mall

Student at Amity Law School, Lucknow, India

Shreyanshi Kumari Khushi

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A company can be established with The Company's Act of 2013 introduced the novel idea of a one-person company in India. In India, a single individual forms a one-person company. A single person was unable to start a business prior to the Companies Act of 2013. An OPC combines the advantages of a sole proprietorship with those of a company. Previously, if a person had to start a business, they could only choose a sole proprietorship.

Research Paper

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International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1815 - 1820

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright © IJLMH 2021

Total number of HTML views: 182

Total number of pdf downloaded: 139, open access.

https://doij.org/10.10000/IJLMH.114544

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