Procedure for converting Prt Company into a Public Company

CS Ankur Srivastava (Company Secretary & Compliance Officer)   (17853 Points)

18 February 2010  

Dear Adarsh,

 

Regarding Your query. First of all i would like to mention that no Form 1A would not be required.

 

If a private company alters its articles in such a manner that they no longer include the provisions of section 3(1)(iii), the company as on the date of the alteration shall cease to be a private company and within a period of 30 days after the said date shall file with the ROC either a prospectus or a statement in lieu of prospectus.

 

 

Procedure:-

 

 1. Hold a BM and approve the decisions to convert the company in to a public company and increase authorised an minimum paid up capital to Rs. 5 Lacs if it is below Rs. 5 Lacs also to increase the number of directors to 3. And determine the date, time and venue of General Meeting. File form 32 for change in directors within 30 days of the change.

 

2. Hold General Meeting and pass the following resolutions:-

(i) OR for change in capital

(ii) SR for conversion of the company in to public company

(iii) SR for change in articles

(iv) Change in name by deleting of the word private.

 

3.  File form 23 for each SR within 30 days.

 

4. File form 62 with the ROC along with either a prospectus or a statement in lieu of prospectus within a period of 30 days afte the passing of special resolution.

 

5.Make an application to the ROC in form 1B to delete the word Private from  the company's name and issue a fresh certificate of incorporation consequent to such conversion.

 

6. It is not required to obtain a certificate of commencement of business on conversion of status from private to public.

 

7.Change the name of company  in the Memorandum, Articles, letterheads, bills, invoices, seals etc.

 

8.Change in the status of the company from private to public will also make the change in the CIN of the Company.[Circular No.12/2000 dated 25.10.2000]