Legal Provisions related to conversion of Private Company into Public Company are given in Section 14 read with section 18 of the Companies Act, 2013 read with Section 13 and Rule 33 of Companies (Incorporation) Rules, 2014. Conversion requires filing of Form INC 27 with the ROC.
1.Preparation of notice, agenda and minutes of the Board and General meetings approving the Conversion of Company from Private to Public. 2. Steps for increasing the number of members from 3 to 7 and Directors from 2 to 3. 3. Drafting of altered MOA & AOA. 4. Preparation of Form MGT 14. 5. Preparation of Form INC 27. 6. Drafting of Public notice, if required intimating the members, others concerned about the conversion of company. 7. Drafting of letter intimating the conversion to Tax authorities, PF dept, other regulatory authorities, suppliers, customers, banks etc. 8. Arrangement for the new Common Seal. 9. Advise on other post conversion compliances.
1. For Form MGT 14: a. Certified true copy of the resolution passed by members. b. Altered copy of the MOA & AOA. 2. Form INC 27: a. It is mandatory to attach minutes of the members' meeting where approval was given for conversion and alteration of the articles of association. b. Copy of Special Resolution. c. Copy of Altered Articles of Association. d. Copy of Altered Memorandum of Association in case of conversion of Unlimited Liability Company to Limited Liability Company.