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Documents for section 8 company to private company conversion


EGM notices and documents

MOA and AOA

Declarations and Affidavits

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Procedure for Conversion of section 8 company to private limited

1

Passing Special Resolution

Company will pass special resolution in its EGM and file its certified true copy in form MGT 14.
2

Application to Regional Director

Application in INC 18 has to be made to RD for approval of conversion along with requisite documents.
3

Newspaper Advertisement

Within 1 week of filing the application to RD, advertisement in two newspaper has to be made in INC 19.
4

New Incorporation Certificate

Once approval obtained from RD, copy of the same along with amended MOA & AOA to be filed to ROC and in lieu of it, a new COI is issued after conversion.

Mandatory requirements in conversion of Company

All the financial statements and annual returns has to filed upto date prior making the application to the RD.

A declaration has to be made by all the Directors, that no income of the Company has been distributed amongst its members, or any persons claiming through them.

A certificate from the practicing CA/CS/CWA, stating that all the rules and regulations related to the conversion has been complied with has to be attached.

After effects of the conversion

  • After the conversion, the company cannot claim any privileges and exemptions, by virtue of being registered under section 8 of companies act, 2013.
  • If company any has acquired any kind of immovable property at any concessional rate from the government, then the difference from the market price that time has to be paid.
  • In case of any unutilized income or accumulated profits of the company brought forward from the previous year shall be utilized for the purpose of settle outstanding dues, or any amount due to creditors, suppliers or loans advanced by promoters or members or any amount due to them and in case of any balance it shall be transferred to the Investor Education & Protection Fund within 30 days of conversion.

FAQ’s About Section 8 Company to Private Company Conversion

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