Conversion of Firm under Part IX

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Hiren (Querist)
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28 February 2009 I am a partner in one firm ABCD Enterprise, I want to convert the same in ABCD Enterprise Pvt. Ltd under part IX, how ever the same was rejected by ROC stating that it is not available, hence my second option ABCD Structure Pvt. Ltd was approved.

Now on filing the documents ROC insists that I shall first convert my partnership firm from ABCD Enterprice to ABCD Structure than only it can be converted in to Part IX.

Ours is a govt. construction company so we have to change all our certi and registration twicely instead of one time which is very expensive and lengthy. Pls suggest is it compulsary to do change the name 2 times.

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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01 March 2009 No.
In my opinion you can directly change from ABCD Enterprise to ABCD Structures Pvt.Ltd by filing an appln in form no 1A and then 1,18 & 32 respectively.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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01 March 2009 If the ROC has not given the name as ABCD Structue P Ltd upon your request in e-Form 1A, and has given a communication through MCA portal regarding non availability of that name and to convert the name of the existing partnership firm into ABCD Structure, then there is no other alternative for the issue.

CS. Ashish Shah

CS. Ashish Shah (Expert)
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02 March 2009 In my opinion, you should first go for the incorporation of a Company by making subscription by any two person who will be director and then transfer the firm to Pvt. Ltd. Company by making agreement with Firm for sale of the assests and liabilities.

There is no need to tell ROC that you want to convert the firm in a Pvt. Ltd. Company.

In this case you can easily avoid the expenses.

CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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04 March 2009 But then ultimately they will have to mention in the main object clause that the company intends to acquire a partnership firm on a going concern basis.

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