Business reorganisation

When a sole proprietor is converted into private ltd. company, what will be the capital at which it will be converted? Meaning thereby

If a sole proprietor is carrying on trading business, his capital is Rs. 20 lacs (this can be personal as well as from business and person is no different from sole proprietor for filing IT return so in return capital will include both). 

While conversion, if the business is separated from person and the capital comes to around Rs. 10 lacs, whether authorised share capital should be 10 lacs or it can be formed at 1 lac also? Or it will be at Rs. 20 lacs as mentioned above?

Thanks

 

Replies (1)

1. Get the business valuation done properly considering capital  of the proprietorship firm including accumulated profit and goodwilll etc.

2. Decide consideration for transfer of business accordingly.

3. This consideration could be either in the form  of 100% share capital or partly share capital and partly unsecured loan from the proprietor.  However, under Companies Act 2013 there are strict provisions for taking  loan from shareholders u/s 73(2).  Further, there are restrictions on borrowing u/s 180. 

 

Considering above provisions you have to structure the capital.

 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details
Company
29 August 2026
Chartered Accountant

Velionit Consulting PVT LTd

Mumbai

CA

View Details
Company
12 August 2026
Deputy Manager - Finance

RoamPrime Technologies Private Limited

Bengaluru

CA

View Details
Company
ARTICLESHIP 24 August 2026
Chartered Accountant Articles

Rohit KC Jain & Co

New Delhi

CA Inter

View Details
Company
Featured 19 August 2026
Chartered Accountant

apricus india

Pune

CA

View Details
Company
09 September 2026
Chartered Accountant

Aviv Global Private Limited

Ahmedabad

CA

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details