All Professionals are  Under One Roof

Dedicated Support

500+ Positive Reviews

Client Satisfaction Guaranteed

Hello Auditor

Can a partnership firm be converted to a private limited company?

1. Legal Provision for Conversion

  • Indian law allows conversion under Section 366 of the Companies Act, 2013
  • The firm must have at least two partners willing to become directors
  • The new company must be registered with the Ministry of Corporate Affairs (MCA)
  • The conversion gives the new company a separate legal identity
  • It helps shift from an unincorporated to an incorporated structure

2. Basic Requirements for Conversion

  • The partnership firm must have at least seven members if converting under Section 366
  • The firm must have a valid PAN, business licenses, and accounts
  • Consent of all existing partners is mandatory
  • Digital Signature Certificates (DSCs) and Director Identification Numbers (DINs) are required for directors
  • A No Objection Certificate from creditors may be needed

3. Step-by-Step Conversion Process

  • Name approval must be obtained from the Registrar of Companies
  • Prepare incorporation documents, including Memorandum and Articles of Association
  • File necessary forms such as URC-1 and SPICe+ on the MCA portal
  • Submit all supporting documents, includingthe  partnership deed and financials
  • On approval, the Certificate of Incorporation is issued in the new name

4. Effect of Conversion

  • The private limited company inherits all assets, liabilities, and contracts of the firm
  • The partnership firm ceases to exist from the date of incorporation
  • Business continues without interruption under the new company structure
  • The company is now governed by the Companies Act, 2013
  • All statutory requirements, like board meetings and annual filings, must be followed

5. Post-Conversion Actions

  • Inform banks, vendors, and clients about the new company name
  • Update PAN, GST, and other registrations under the company
  • Amend or reissue contracts and licenses where necessary
  • Notify the Registrar of Firms about the conversion, if previously registered

Maintain records and accounts as per company law regulations

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *