Conversion of pvt. ltd. company to section 8

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Querist : Anonymous

Querist : Anonymous (Querist)

18 December 2014 Can anybody tell me the procedure for conversion of a Pvt. Ltd. company to Section 8 Company ?

CS Mitesh Mehta

CS Mitesh Mehta (Expert)
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18 December 2014 1. Make an application in Form No.RD-1 (Form INC.12 to be attached with Form RD- 1) accompanied by the following documents

a. MOA & AOA of the Company
b. the declaration as given in Form No.INC.14 by an Advocate, a Chartered accountant, Cost Accountant or Company Secretary in Practice, that MOA & AOA have drawn up in conformity with the provisions of section 8 and rules made thereunder and
that all the requirements of the Act and the rules made thereunder relating to registration of the company under section 8 and matters incidental or supplemental thereto have been complied with
c. The financial statements, the Board’s Reports & the audit reports relating to the existing company (of 2 yrs preceding the date of application or 1 yr if company has functioned only 1 yr)
d. a statement showing in detail the assets (with the values thereof), and the liabilities of the company, as on the date of the application or within 30 days preceding that date
e. an estimate of the future annual income and expenditure of the company for next 3 years, specifying the sources of the income and the objects of the expenditure
f. the certified copy of the resolutions passed in general/ board meetings approving registration of the company under section 8
g. a declaration by each of the persons making the application in Form No.INC.15
h. The company shall publish a notice in Form No. INC 26 at its own expense within a week from the date of making the application;A copy of the said notice shall be sent forthwith to the Registrar;
The notice shall be published at least once in a vernacular newspaper in the principal vernacular language of the district in which the registered office of the proposed company is to be situated or is situated, and circulating in that district, and at least once in English language in an English newspaper circulating in the district and on the websites as may be notified by the Central government;
i. The Registrar may require the applicant to furnish the approval or concurrence of any appropriate authority, regulatory body, department or Ministry of the Central Government or the State Government(s);
j. The Registrar shall, after considering the objections, if any, received by it within thirty days from the date of publication of notice, and after consulting any authority, regulatory body, Department or Ministry of the Central Government or the State Government(s), as it may, in its discretion, decide whether the license
should or should not be granted.
k. The licence shall be in Form No.INC.16. or Form No.INC.17, as the case may be, and the Registrar shall have power to include in the licence such other conditions as may be deemed necessary by him.
l. The Registrar may direct the company to insert in its memorandum, or in its articles, or partly in one and partly
in the other, such conditions of the license as may be specified by the Registrar in this behalf.

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Querist : Anonymous

Querist : Anonymous (Querist)

20 December 2014 Dear Mitesh,
Thanks for your valuable inputs. However I have already done with the above procedure, now, the ROC is asking me to file Form INC 1 and get the name approval first before filing RD-1. While filling in the proposed name in INC-1 for changing the name of the existing company its compulsory asking to put the words Ltd. or Pvt. Ltd.
I have raised ticket to infosys helpdesk also however they are asking me to first convert the PTC status to NLP in the name of the existing company then I can file form INC-1.
Now the question is by filing which form status can be changed from PTC to NLP ??

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