Query regarding unlimited company

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Ashvini Barve

C.S. Student

65 Points Joined August 2009

Hello frnds....

Please respond ASAP on my query......

I wanted to convert unlimited company into limited company.

the act is silent abt conversion bt under section 32 we can go for Re-registration of Unlimited Company into Limited Company.

Section also saying that for re-registration we need to follow same proceedure as we follow fr fresh registration of company.

My query is that, do we need to intimate ROC for Re-registration. If yes, how can we do so????

Is there any form that we need to file with ROC for the same purpose???

Replies (2)

Guest

Dear Ashwini,

Please note that as per Section 32 (2) of the Companies Act 1956, " the registration of unlimited company as a limited company shall take place in the same manner and shall have effect, as if it were the first registration of the company under this Act."

It means that registration or re-registration of a unlimited company as a limited company under this section will proceed in the same manner as the first registration (this Section does not prescribe any specific form for the intimation), and all the formalities as to procedure, form filing etc. will have to be gone through.

Warm Regards,

Veeral Gandhi

CA Anuj Diwan

Partner

51 Points Joined June 2011

The Procedure shall be same as that of the registration of a new Company, except that certain provisions of Part IX of the Companies Act will apply as stated in Section 32 (3).

Also refer Section 565 & 567 of the Act.

As far as Forms to be filled with ROC is concerned all the froms required to be filled while creating a new company shall be required to be filled.