INC 27 required or not for conversion to Pvt Co.

[Mohan Ramaswami]

dear friend,

for conversion of public co to private co, should we file INC 27, to get fresh certificate of incorporation from ROC or not required.

i read some where that it is not necessary ?

VALIDITY OF INC-27 in respect of Conversion of Public Company into Private Company:

RULE 33 (2) of Companies (Incorporation) Rules, 2014 provides that a copy of order of the Tribunal approving the alteration, shall be filled with the Registrar in Form No. INC -27 with fee together with the printed copy of altered articles within FIFTEEN DAYS from the date of receipt of the order from the Tribunal.

But since Companies (Incorporation) Fourth Amendment Rules, 2018 has been effective i.e. since 18th December, 2018, the Tribunal i.e. NCLT has no power regarding approval of conversion of Public Company into private company, so there is no question of filing of order of Tribunal. HENCE E-FORM INC-27 is not required to be filed in respect of Conversion of Public Company into Private Company but the same is required to be filed in vice versa case. 

What is the current position, and how will the co which has so converted to Private Limited Co, notify its name post conversion to Pvt Co.

pl shares your views on this and your experience in getting Fresh Certificate of Inc.

regards,

CS. R.  Mohan
Mobile: 9908814677