Take over a sole proprietorship & converting into a aompany

This query is : Resolved

Arun Thomas (Querist)
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26 June 2014 Dear Sir/Madam,

Kindly go through the following cases and advice me ASAP.
Case1: Mr. Rajeev is own & running a sole proprietorship firm CAP TECHNOLOGIES since the year 2006. It is having a Panchayath License only. The proprietor is having a PAN
Case2: Mr. Kumar wish to purchase CAP TECHNOLOGIES @ Rs. 5000 on 26/06/2014; to use it's existence, goodwill & experience from the year 2006. He have some work order in his mind - which requires past 5 years balance sheet of CAP TECHNOLOGIES.
Case3: Mr. Kumar wish to transform this CAP TECHNOLOGIES into a Private Limited Company under ROC India w.e.f. July 2014; with his friend Rakesh. Share capital ratio among Kumar & Rakesh is 99:1 = 100%.

Kindly advice me on:
1)Take over of an existing sole proprietorship. If Kumar make the purchase, did the entity loss its existence & previous financial history. Whether Kumar needs to register it as a new one. Kumar prefers on the continuity of the proprietorship.
2) Tranformation of it into a company. In this case also, Kumar prefer the continuity of the Brand name.

Thanks and regards
Arun

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 July 2014 Kumar can continue the proprietorship CAP TECNOLOGIES. Panchayat licence has to be transferred to his name.

Brand name may be continued subject to availability while registering the company.

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