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Requirement of change in the status of cin from ptc to plc (Corporate Law)

This query is : Resolved

priya jain

( Author )
06 July 2012

Sir,
At the time of Incorporation of a company, when we filed Form 1A for Name approval, we select category of company as private in place of public, while the name of company doesn't include the word private.
The concerned form approved by the ROC and Name get approved and we follow all the formalities relating to incorporation.
But when we receive Certificate of incorporation which contained CIN of a private company, we found our mistake.
Now please guide us the procedure to be followed for converting the company as public company.
Regards.

Ajay Mishra

( Expert )
06 July 2012

Hi

I will request to follow again the same process for conversion of private company into public company.The ROC will only made correction on compliance of the procedure.

Regards

priya jain

( Author )
06 July 2012

Sir,
Still we don't follow the conversion process. and the incorporation date of company is 22nd feb so it is required to convert before completion of six months. and at the time of filing of form 1 we use AOA of a publc company so there is no requirement to change in name and AOA, change is required only in CIN. Please guide.
Regards

Ajay Mishra

( Expert )
06 July 2012

Hi

Please tell, whether you have filed Form 1A for private Limited Company or Public limited Company.

priya jain

( Author )
06 July 2012

Sir,
Actually we want to incorporate a public limited company but by mistake we select private in place of public.
Regards.

Ajay Mishra

( Expert )
06 July 2012

Hi

So it is your fault and not ROC. I will suggest you to take the benefit of the provision of section 21 of the Companies Act, 1956 for conversion of private limited company into public limited company.

Regards

priya jain

( Author )
06 July 2012

Sir,
We don't required to change in the Name and AOA, change is required only in CIN so please guide the procedure.
Regards.

Ajay Mishra

( Expert )
06 July 2012

Hi

If you have File mistakenly Form-1A and you got the name as XYX Private Limited Company.

If your name is approved as private limited company and you attached your attachment is as public limited company in Form-1, then you have made wrong attachment. Please confirm.

priya jain

( Author )
06 July 2012

Sir,
the name approved for our company is XYZ limited but the CIN alloted is of a Private company contain the word PTC in CIN.
Regards.

Ajay Mishra

( Expert )
06 July 2012

Hi

In that case, I will suggest you to contact concern ROC for the same, to resolve the matter, if it is clerical mistake then they will resolve the mistake.

priya jain

( Author )
06 July 2012

Thanking you for your reply.
Regards.

priya jain

( Author )
07 July 2012

Sir,
Please provide us some more suggestions.
Regards.

CS Suraj Arora

( Expert )
08 July 2012

Dear Priya

you need not worry about this problem.The Solution is Go to MCA Portal and in eforms You will find eform 68 Which is for the rectifications of Mistakes apparent on records. Thus this eform will resolve your problem.

Regards
Suraj Arora

Ajay Mishra

( Expert )
08 July 2012

Hi

Yes, You can take this option for rectification of mistake happens in incorporation documents. You can File Form-68 for the same.

priya jain

( Author )
10 July 2012

Thankyou Suraj sir and Ajay sir for your valuable reply, but still there is a problem that according to the Form 68 help "Rectification in respect of eForm 1A is allowed only in case eForm 1 has been filed in respect of the same and the company has not yet been incorporated."
and the proposed company get incorporation cerificate on 22nd Feb.

Ajay Mishra

( Expert )
10 July 2012

Hi

Whether, you have contacted concern ROC for this mistake or not. I will suggest you to talk once again with ROC executives.