CONVERSION OF PUBLIC UNLISTED COMPANY TO PRIVATE COMPANY

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sangeeta (Querist)
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03 February 2023 WE HAVE RECEIVED RD ORDERS FOR CONVERSION OF PUBLIC UNLISTED COMPANY TO PRIVATE COMPANY.
DO WE NEED TO FILE INC-27 OR INC-28.
THANKS IN ADVANCE.

Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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06 July 2024 When converting a public unlisted company to a private company based on the RD (Regional Director) orders, the filing requirements include:

1. **Form INC-27:** This form is used for conversion of a public company into a private company. It is used to file a notice of conversion along with the necessary resolutions and other required documents.

2. **Form INC-28:** This form is typically used for filing applications and documents with the Registrar of Companies (ROC) for various types of approvals or for intimations to the ROC.

### Which Form to File?

In your case, since you have received RD orders for the conversion:

- **Form INC-27:** This form is the appropriate one to file. It is specifically designed for the conversion of a public company into a private company and includes the necessary details and attachments required for such a conversion.

### Steps to Follow:

1. **Prepare Documents:** Gather all necessary documents including the RD orders, board resolutions, shareholders resolutions, and other relevant documents required for the conversion.

2. **Fill Form INC-27:** Fill out Form INC-27 accurately and completely. Ensure all details are entered correctly and all required attachments are included.

3. **Submission:** Submit Form INC-27 along with the required fee to the ROC within the stipulated timeframe. Ensure compliance with all procedural requirements as per the Companies Act and rules.

4. **Post-Submission Compliance:** After submission, monitor the status of the filing and comply with any additional requirements or clarifications requested by the ROC.

### Conclusion:

For the conversion of your public unlisted company to a private company based on RD orders, you need to file Form INC-27. This form is specifically tailored for such conversions and includes the necessary provisions to fulfill the legal requirements under the Companies Act. Ensure to complete the filing accurately and within the prescribed timelines to facilitate a smooth transition from public to private status.