Conversion of Public Company to Private Company.

[Pawan Agarwal]

Dear Professional Colleague,

We are on the verge of Converting a Public Company into a Private Company and as such the MOA & AOA need to be amended.

Do we need to file both the MOA & AOA (before and after alteration) as an attachment to Form 23 and Form 1B. 

Further, whether a New Set of MOA & AOA as applicable to a private limited company need to drafted or the existing MOA & AOA need to be amended as and where applicable.

Please give your valuable opinion at the earliest.

Thanks & Regards,

CA. P K Agarwal.

  

[Pawan Agarwal]

Dear All,

I am still awaiting your feedback with regard to the trailing mail.

Plz revert at the earliest.

Its Bit URGENT....

Thanks & Regards,

CA. P K Agarwal.

[Kirti Tulsyan]

Dear Professional Colleague,

We are on the verge of Converting a Public Company into a Private Company and as such the MOA & AOA need to be amended.

Do we need to file both the MOA & AOA (before and after alteration) as an attachment to Form 23 and Form 1B. 

Further, whether a New Set of MOA & AOA as applicable to a private limited company need to drafted or the existing MOA & AOA need to be amended as and where applicable.

Please give your valuable opinion at the earliest.

Thanks & Regards,

CA. P K Agarwal.

REPLY 1

Yes you need to file both MOA and AOA (before alteration and after alteration)

You may either change the existing AOA (including specifically new definition of private limited company and restriction on transfer of shares) or may adopt a new AOA. However it is better to adopt a new AOA. 

Thanks

anura...@sify.com

REPLY 2

It will be necessary to attach the amended set of MOA and Articles along with Form 23.There is no need to adopt a fresh set of articles and filing an amended set in which the provisions for restricting transfer of shares  etc have been inserted.
regards
kalidas

REPLY 3

For MOA, existing clauses need to be amended. For, AOA, new AOA should be adopted as there would be substantial changes. You can also amend the AOA instead of adopting new AOA.

 

JNGupta

9331022920

--

Best Regards, 
Kirti Tulsyan
B.Com.,ACA,CS


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