Opc o pvt ltd --> opc filed inc 6 late
This query is : Resolved
06 May 2022
in case of voluntary conversion, if opc is filing inc-6 with late fee (its late by 1 year),
the converted pvt ltd incorporate certificate will have resolution date or inc6 filing date?
my view--> i feel resolution date, right?
the converted pvt ltd incorporate certificate will have resolution date or inc6 filing date?
my view--> i feel resolution date, right?
09 July 2024
In the case of voluntary conversion of an OPC (One Person Company) to a private limited company, if the OPC files Form INC-6 with a delay of 1 year, the incorporation certificate of the converted private limited company typically reflects the date of the resolution passed for conversion, not the date of filing of Form INC-6.
Here’s why the resolution date is typically used:
- **Legal Intent**: The resolution passed by the OPC to convert into a private limited company signifies the decision taken by the shareholders or the sole member. This date marks the beginning of the process towards conversion.
- **Documentation**: The resolution is a crucial document that sets forth the decision-making process and authorization for subsequent actions, including filing Form INC-6 with the Registrar of Companies (ROC).
- **Consistency**: Incorporation certificates generally record the significant milestone dates in the company’s life, such as its original incorporation date or the date of conversion from OPC to private limited status. Using the resolution date maintains consistency with this practice.
Therefore, in your scenario, the incorporation certificate of the converted private limited company is likely to mention the date of the resolution passed for conversion as the relevant date, reflecting the company's official status change from OPC to private limited.
Here’s why the resolution date is typically used:
- **Legal Intent**: The resolution passed by the OPC to convert into a private limited company signifies the decision taken by the shareholders or the sole member. This date marks the beginning of the process towards conversion.
- **Documentation**: The resolution is a crucial document that sets forth the decision-making process and authorization for subsequent actions, including filing Form INC-6 with the Registrar of Companies (ROC).
- **Consistency**: Incorporation certificates generally record the significant milestone dates in the company’s life, such as its original incorporation date or the date of conversion from OPC to private limited status. Using the resolution date maintains consistency with this practice.
Therefore, in your scenario, the incorporation certificate of the converted private limited company is likely to mention the date of the resolution passed for conversion as the relevant date, reflecting the company's official status change from OPC to private limited.
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
- House Property Reporting in ITR
- Refund Annexure-B
- TDS Claim year
- Internship/Academic shown in Salary Pay Slip of a Doctor
- Refund of 20%pre-deposit paid for stay application
- Rent lease agreement
- TDS Challan Code
- Liable to deduct tds and 44ADA
- Nomination of Bank for refund in itr 2
- Section 56(2) of the Income tax Act 1961 , Gift to relative .
- E Commerce GSTR1 & 3B how to file
- GST Cancellation without jurisdiction
- Legal Opinion on Registrar's Refusal to Investigate a Society for Non-Renewal and Non-Compliance
- GST Refund_RFD-01
- Form10BD was uploaded successfully without any Error but after 24 hours, Form10BE are not available
- Annexure B utility for GST Refund
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
