info@enixconsultancy.com +91- 9829314500,9785312345

Privat Limited to Public

Conversion of Private limited Company into Public limited Company

Why private Limited Company should be converted into Public Limited Company?


Where in the opinion of the Central Government the name is identical with or too nearly resembles the name by which a company in existence had been previously registered, whether under this Act or any previous company law, then the Central Government shall direct the Company to change the name.
On an application by a registered proprietor of a trade mark that the name is identical with or too nearly resembles to a registered trade mark of such proprietor under the Trade Marks Act, 1999, made to the Central Government within three years of incorporation or registration or change of name of the company, whether under this Act or any previous company law
Where the name of the Company does not reflects the nature of business of the Company.

Procedure to Convert Private Company into Public Company

  1. Board members shall convene a Board Meeting to approve the proposal of conversion of the Private Company into a Public Company and circulate the draft notice of Extra Ordinary General Meeting as the conversion requires member’s approval in General Meeting.
  2. Day, date, time for convening General Meeting shall be fix by Board and Clear notice of 21 days shall be given to member for the General Meeting. General Meeting shall be conducted where proposal of conversion of Private Company into Public Company shall be passed.
  3. Resolution for alteration of Memorandum and Articles of Association shall also put to motion and passed by a Special Resolution where the restrictions imposed on Private Company shall be eliminated to convert it into public Company and the word ‘Private’ shall be deleted from the name of the company.
  4. Form INC-27 shall be filed with Registrar of Companies within 30 days of passing Special Resolution for conversion with altered Memorandum & Articles of association
  5. Form MGT-14 shall be filed with Registrar of Companies within 30 days of passing Special Resolution to file a copy of Special Resolution.

Total time consumed to complete the procedure of conversion-

1. Preparing and Filing of Form MGT-14 with Registrar and approval of the same within 4-5 working days.

2. Preparing and filing of Form INC-27 with Registrar and approval of the same within 5-6 working days.

3. Fresh Certificate of Incorporation shall be issued when Firm INC-27 is approved by Registrar.


Post Conversion formalities

1. Intimation to all authorities like sales tax, Excise etc about the name and status change of the Company.
2. Applying of new Pan Card of the Company for new name.
3. Updating concerned Bank about the new name.
4. Printing of New MOA & AOA of the Company and making changes according to Public Limited Company if any which contradicts the AOA of Public Company with Private Company.

Penal Provisions

Every alteration made in the memorandum or articles of a company shall be noted in every copy of the memorandum or articles. If a company makes any default in complying with this then the company and every officer who is in default shall be liable to a penalty of one thousand rupees for every copy of the memorandum or articles issued without such alteration.