Company law
This query is : Resolved
Swasti Tripathi
(Querist)
05 September 2015
I have come across a situation wherein the client wants me to execute the given resolutions in single EGM.
Is it possible for a company to approve and execute the following resolutions in one EGM.
1. change of objects
2. change of name (in consequence of the change in objects)
3. conversion from private to public.
4. adoption of new set of articles in consequence of the conversion.
If yes, what will be the sequence of resolutions and which form to file first INC 24 or INC 27.
Also what will be the set of MOA and AOA that will be attached to the forms. (name of company in MOA and AOA while applying INC 24 and INC 27 respectively).
Is it possible for a company to approve and execute the following resolutions in one EGM.
1. change of objects
2. change of name (in consequence of the change in objects)
3. conversion from private to public.
4. adoption of new set of articles in consequence of the conversion.
If yes, what will be the sequence of resolutions and which form to file first INC 24 or INC 27.
Also what will be the set of MOA and AOA that will be attached to the forms. (name of company in MOA and AOA while applying INC 24 and INC 27 respectively).
CS Mitesh Mehta
(Expert)
08 September 2015
Sequence of resolution
1. Conversion from Private into Public
2. adoption of new AOA
3. Change of object
4. Change of name.
File INC 27 first with altered copy of AOA
1. Conversion from Private into Public
2. adoption of new AOA
3. Change of object
4. Change of name.
File INC 27 first with altered copy of AOA
Swasti Tripathi
(Querist)
09 September 2015
when to apply for reservation of name. (INC1)? will it be with inclusion of word private or without. As a general practise we apply for name availability after board meeting (before EGM). In this case what will be the sequence?
CS Mitesh Mehta
(Expert)
09 September 2015
After obtaining fresh Certificate of Incorporation consequent upon conversion of
a private company into public company, Without inclusion of word private
a private company into public company, Without inclusion of word private
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