Concern changing from Proprietorship to pvt ltd


This query is : Resolved 

Quick Summary
This discussion guides a business owner transitioning from a proprietorship to a private limited company. Key points covered include the necessity of a new GST registration for the Pvt Ltd entity and how to manage existing stock by treating it as opening stock. The process also involves a formal agreement between the proprietor and the new company, ensuring the company's MOA allows for the takeover, and transferring all assets and liabilities. Additionally, the proprietor should hold significant directorial and voting power in the new company, and the unutilised input tax credit can be transferred via form GST ITC-02.

12 November 2022 We are changing our concern from proprietorship to pvt ltd.

Gst registration - should i register as new registration please guide.
Stock - how can we treat stock from proprietorship to pvt ltd.

12 November 2022 Yes, new GST registration required.
The proprietor should ensure compliance with the following requirements before beginning the conversion of proprietorship into company:

An agreement must be entered into between the sole proprietor and the private limited company for conversion. Know more about slump sale agreement.
The Memorandum of Association (MOA) of the Private Limited Company must include an object that states – “The takeover of a sole proprietorship concern”.
All the assets and liabilities of the sole proprietorship firm must be transferred to the private limited company.
The sole proprietor should be a part of the company’s directorial board with a voting power which constitutes to at-least 50% of that of the company. It may be noted that a private limited company must have a minimum of two directors.
The incorporation rules of a private limited company mandate the minimum share capital requirement to be Rs 1,00,000.

12 November 2022 Sir for stock also we can take as opening in pvt ltd.

12 November 2022 Yes, you can take.
.

13 November 2022 Sir how can we carry forward input in gst portal

13 November 2022 All the companies transferring their business under GST will need to furnish the particulars in the form GST ITC-02 through the common portal along with a request for transferring the unutilized input tax credit to the electronic credit ledger of the transferee.

20 December 2022 Sir Thank you for your valuable time to guide me.

20 December 2022 You are welcome......


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query