06 July 2012
Sir, At the time of Incorporation of a company, when we filed Form 1A for Name approval, we select category of company as private in place of public, while the name of company doesn't include the word private. The concerned form approved by the ROC and Name get approved and we follow all the formalities relating to incorporation. But when we receive Certificate of incorporation which contained CIN of a private company, we found our mistake. Now please guide us the procedure to be followed for converting the company as public company. Regards.
I will request to follow again the same process for conversion of private company into public company.The ROC will only made correction on compliance of the procedure.
06 July 2012
Sir, Still we don't follow the conversion process. and the incorporation date of company is 22nd feb so it is required to convert before completion of six months. and at the time of filing of form 1 we use AOA of a publc company so there is no requirement to change in name and AOA, change is required only in CIN. Please guide. Regards
So it is your fault and not ROC. I will suggest you to take the benefit of the provision of section 21 of the Companies Act, 1956 for conversion of private limited company into public limited company.
If you have File mistakenly Form-1A and you got the name as XYX Private Limited Company.
If your name is approved as private limited company and you attached your attachment is as public limited company in Form-1, then you have made wrong attachment. Please confirm.
In that case, I will suggest you to contact concern ROC for the same, to resolve the matter, if it is clerical mistake then they will resolve the mistake.
you need not worry about this problem.The Solution is Go to MCA Portal and in eforms You will find eform 68 Which is for the rectifications of Mistakes apparent on records. Thus this eform will resolve your problem.
10 July 2012
Thankyou Suraj sir and Ajay sir for your valuable reply, but still there is a problem that according to the Form 68 help "Rectification in respect of eForm 1A is allowed only in case eForm 1 has been filed in respect of the same and the company has not yet been incorporated." and the proposed company get incorporation cerificate on 22nd Feb.
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