Conversion of a One Person Company (OPC) into a Private Limited Company in Pune, Maharashtra

A One Person Company (OPC) can be converted in to a Private Limited Company in Pune, Maharashtra as per Section 18 of the Companies Act, 2013. There are two ways through which a One Person Company (OPC) in Pune, Maharashtra can be converted into a Private Limited Company i.e. voluntarily conversion or mandatorily conversion. In any of these conversions, the Memorandum of Association and Article of Association of the One Person Company (OPC) needs to be changed as per the section 18 and section 122 of the Companies Act, 2013 in Pune, Maharashtra.

As per Section 18 Companies Act, 2013 following conditions need to me made:

    • Get written consent from all the creditors
    • Pass the resolution of conversion
  • Minimum paid-up capital requirement of Rs 1,00,000 to be met
  • Minimum number of 2 directors and 2 members need to be met

Form INC-6 is to be filed to the Ministry of Corporate Affairs for conversion of One Person Company (OPC) into a Private Limited Company in Pune, Maharashtra.

 

Conversion of An One Person Company (OPC) into a Private Limited Company

Conversion of a One Person Company (OPC) into a Private Limited Company in Pune, Maharashtra

If Mumbai is the business as well as financial capital of the India, Pune is also one of the major cities in the state capital of Maharashtra. Mumbai houses the headquarters or registered offices of various major corporate and financial institutions whereas Pune also has various corporate offices and Educaional institutions. Mumbai is also the epicenter for some of the important industries like film industry and capital markets. Being the financial capital, it also hosts head quarters for various Banks, stock exchanges and other financial power houses. To further attract industries to the Mumbai, Pune or other parts of Maharashtra, the state government established Maharashtra Industrial Development Corporation (MIDC). Mumbai has port like JNPT (Jawahar Lal Nehru Port Trust) and Mumbai port that facilitates the import and export very easily from the surrounding areas like Bhiwandi, Taloja, Navi Mumbai, Thane, etc. Jawaharlal Nehru Port Trust (JNPT) is one of the largest container port in India with connection to 34 Container Freight Stations (CFS) along with 46 Inland Container Depots (ICD).

Few of the major industries in the state of Maharashtra are textiles, petro chemicals, automobile or auto components, mechanical and machinery, chemicals, electrical and white goods, transport, mining and metallurgy. Maharashtra is the hub for manufacturing of automobiles and auto components. Maharashtra is the 3rd largest state in India with coastline of 720 km along with 55 amll or large sized ports. These ports enables more than 20% of the total cargo transport in India. Maharashtra has a good presence of industrial clusters, especially automobile, IT & ITeS, chemicals, textiles and food processing clusters and offers lucrative investment opportunities in these sectors. Maharashtra’s Gross State Domestic Product (GSDP) for 2019-20 is expected to be $411.23 bn.

Maharashtra has ranked #1 in Export Preparedness Index in 2020. Moreover, the state has attracted over $7.2 Bn of Foreign Direct Investments during Oct’19-Mar’20.As per the latest report by World Bank, Maharashtra state ranked at 13th out of 36 states in terms of ease of doing business ranking. Mumbai is a leading city for business to start not only in Maharashtra but in the India as well.

One Person Company (OPC) into a Private Limited CompanyVoluntary Conversion of One Person Company (OPC) to Private Limited Company in Pune, Maharashtra

Voluntary conversion of a One Person Company (OPC) into a Private Limited Company in Pune, Maharashtra is only allowed after two years from the date of incorporation have been completed. However, if the paid-up share capital of the One Person Company (OPC) is more than Rs. 50 lakhs or if the average turnover is more than Rs. 2 crores then within two months of the phenomenon occur, the One Person Company (OPC) can be converted into a Private Limited Company in Pune, Maharashtra.

One Person Company (OPC) has to file form INC 5 for informing the registrar of companies about voluntary conversion in Pune, Maharashtra within sixty days.

Compulsory Conversion of One Person Company (OPC) to Private Limited Company in Pune, Maharashtra

The Companies Act, 2013 laid down certain conditions if a One Person Company (OPC) meets, the OPC needs to be compulsorily converted into a Private Limited Company in Pune, Maharashtra within 6 months of meeting the following conditions:

  • The paid capital of the One Person Company (OPC) exceeds Rs. 50 lakhs and
  • The annual turnover of is more than Rs 2 Cr in three immediate previous consecutive financial years

The conversion is made by just passing a special resolution in the general meeting. It is checked for a No objection certificate in written from the creditors, and the other members before the resolution are passed.

Process to convert One Person Company OPC to Private Limited Company in Pune, Maharashtra

 

Board Resolutions for conversion One Person Company OPC to Private Limited Company in Pune, Maharashtra

  • Shareholders of the One Person Company (OPC) hold a general meeting and pass the resolution to increase the number of directors and shareholders.
  • To convert a One Person Company (OPC) to a Private Limited Company in Pune, Maharashtra, there should be at minimum 2 shareholders and 2 directors.
  • Shareholders pass a resolution to alter the Memorandum of Association and Articles of Association of the One Person Company (OPC).
  • File the e-form INC-5 with registrar of companies within 60 days of crossing the threshold limits of the paid-up capital or the turnover, informing that it has ceased to be a One Person Company (OPC).
  • Further file e-Form INC-6 on the website of MCA within 6 months from the date of conversion
  • The introduction of One Person Company (OPC) into legal system came into existence to encourage the entrepreneurs to enter into the corporate world. It will not only enable the individual capabilities to contribute economic growth but will also generate employment opportunity.

Provisions of Companies (Incorporation) Rules of 2014 followed by the newly formed Private Limited Company. The existing debts, liabilities, obligations or contracts of the One Person Company (OPC) in Pune, Maharashtra remain the same.

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