Conversion of Private limited into Limited
This query is : Resolved
20 January 2010
What is the procedure for conversion of a company from Private Limited to Limited ?
20 January 2010
Procedure for Conversion of a
Private Company into a Public Company
Convene a meeting of the Board of Directors and pass a resolution approving the conversion of the company from private limited into public limited;
Convene a General Meeting of the members of the company for alteration of name clause of the Memorandum of Association and the Articles of Association by special resolution;
Make an application to the concerned Registrar of Companies for approving conversion to public company.
The application to the Registrar of Companies should be accompanied by the following documents:
From No. 23 (with requisite filing fees) for special resolution for conversion of private company into public company u/s. 44 of Companies Act, 1956 and for altering the Articles of Association u/s. 31 of the Companies Act, 1956 for deleting the restrictive provisions applicable to private company along with a copy each of (i) the notice calling meeting; (ii) text of special resolution; and (iii) explanatory statement duly certified by a Director or Company Secretary of the Company.
Statement in lieu of prospectus (with requisite filing fees) drawn up in the prescribed form containing the matters/reports specified or set out in Parts I & II of Schedule II o the Companies Act, 1956. The Prospectus / Statement in lieu of prospectus must be dated and signed by all Directors. Consent of Auditors for inclusion of their name in the Prospectus must be given separately and such statement in lieu of prospectus must be filed within 30 days from the date of passing of the Special Resolution.
Particulars of Members, which should not be below 7, duly certified by a Director of Company Secretary of the Company.
Particulars of Directors, which should not be less than 3, duly certified by a Director or Company Secretary of the Company.
Any alterations relating to the provisions applicable to a Public Company must also be effected in the Articles of Association of the Company.
A copy of fee receipt evidencing the filing of latest documents.
Obtain revised Certificate of Incorporation of the Company. Although the company becomes a public limited company immediately on passing the special resolution, the change in its name becomes complete and effective only on the issue of the fresh Certificate of Incorporation.
Private Company into a Public Company
Convene a meeting of the Board of Directors and pass a resolution approving the conversion of the company from private limited into public limited;
Convene a General Meeting of the members of the company for alteration of name clause of the Memorandum of Association and the Articles of Association by special resolution;
Make an application to the concerned Registrar of Companies for approving conversion to public company.
The application to the Registrar of Companies should be accompanied by the following documents:
From No. 23 (with requisite filing fees) for special resolution for conversion of private company into public company u/s. 44 of Companies Act, 1956 and for altering the Articles of Association u/s. 31 of the Companies Act, 1956 for deleting the restrictive provisions applicable to private company along with a copy each of (i) the notice calling meeting; (ii) text of special resolution; and (iii) explanatory statement duly certified by a Director or Company Secretary of the Company.
Statement in lieu of prospectus (with requisite filing fees) drawn up in the prescribed form containing the matters/reports specified or set out in Parts I & II of Schedule II o the Companies Act, 1956. The Prospectus / Statement in lieu of prospectus must be dated and signed by all Directors. Consent of Auditors for inclusion of their name in the Prospectus must be given separately and such statement in lieu of prospectus must be filed within 30 days from the date of passing of the Special Resolution.
Particulars of Members, which should not be below 7, duly certified by a Director of Company Secretary of the Company.
Particulars of Directors, which should not be less than 3, duly certified by a Director or Company Secretary of the Company.
Any alterations relating to the provisions applicable to a Public Company must also be effected in the Articles of Association of the Company.
A copy of fee receipt evidencing the filing of latest documents.
Obtain revised Certificate of Incorporation of the Company. Although the company becomes a public limited company immediately on passing the special resolution, the change in its name becomes complete and effective only on the issue of the fresh Certificate of Incorporation.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Exiting partner in partnership firm in gst portal
- CLOSING STOCK QUERY
- Traces submitting correction statement error
- TDS _Long term Capital Gain ref.sec 214 Table 2
- Taxability of credit in canara bank ET & T section (NRO)
- Loss of interest in PF transfer from EPFO to Trust
- ITR-Capital Gain
- IT returns for fresh job holders
- F&O reporting in ITR
- ITR-3 File/Error Found
- Account freezed for Ineligible ITC Scrutiny for GST Annual Return
- TDS on property - Form 141 query
- Seeking Advice: High Tax Shortfall on Job Switch + Let-Out House Property Loss in FY 2025-26
- Housing Society-ITR5
- TDS on Rent received on redevelopment of building
- Indian IT Portal issue in computing tax as per UK-India DTAA
- Capital Gains on sale of residential flat
- Upload Level ValidationITR3Category of Defect B/D
- PF Taxable Income
- Clarification on Tax Audit Applicability and Reporting of F&O Transactions in ITR-3
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
