Convertion Proprietorship To Pvt.Ltd. Co.

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Overview

The core reasons for converting a proprietorship to a Private Limited Company include securing limited liability protection, boosting reputation and credibility, simplifying the process of raising capital, enabling easier transfer of ownership, and benefiting from a perpetual legal existence and more advantageous tax treatments

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Steps

01

Filing incorporation forms and documents with the Registrar of Companies (ROC)

02

Transfer the assets and liabilities of the proprietorship

03

Issue shares to the shareholders of the company

04

Approval from Authorities

05

Obtain PAN and TAN

06

Obtain a Certificate of Incorporation

Eligibility

Business Continuity:

There is no specific minimum operating period for a proprietorship to be eligible for conversion to a Private Limited Company. A new Private Limited Company can be incorporated at any time, and then the proprietorship’s business can be transferred to it

Legal Requirements:

The proprietorship must have a clean legal record and must not be involved in any legal proceedings or disputes.

Business Structure:

The proprietorship must have a well-defined business structure, including a clear business plan and financial statements.

Compliance with Statutory Requirements:

The proprietorship must be in compliance with all relevant statutory requirements, such as registering with the Registrar of Companies and obtaining a PAN and TAN.

Shareholders:

The business must have at least two shareholders who are willing to become the directors of the new company.

Capital Requirements:

The business must have sufficient capital to support the conversion process and the ongoing operations of the Private Limited Company.

Certificate of Registration

  • The Certificate of Incorporation acts as conclusive evidence that the company has been successfully registered as a Private Limited Company.

    The Certificate of Incorporation is a pivotal legal document that conclusively validates a company's existence and confirms its adherence to all pertinent statutory requirements and regulations.

    The Certificate of Incorporation includes crucial details such as the company's name, the date of its official registration, its registered office address, and its unique Corporate Identification Number (CIN). It also specifies the type of company and, importantly, validates its legal existence.