Business dynamics are constantly evolving, and entrepreneurs often find the need to restructure their companies to better suit their changing needs and goals.
Converting a Private Limited Company (PLC) to a One Person Company (OPC) is one such strategic move that can offer several advantages, especially for single entrepreneurs.
In this blog, we will guide you through the step-by-step procedure to convert a PLC to an OPC, outlining the necessary legal and regulatory steps to make a seamless transition.
Step 1: Director Identification Number (DIN) and Digital Signature Certificate (DSC)
Before initiating the conversion process, ensure that all directors of the Private Limited Company have a valid Director Identification Number (DIN) and Digital Signature Certificate (DSC). If any director does not have these, they must apply for them from the Ministry of Corporate Affairs (MCA) website.
Step 2: Board Meeting and Resolution
Convene a Board Meeting to propose and approve the conversion of the Private Limited Company to a One Person Company. Pass a special resolution seeking the approval of the shareholders for the conversion. It is essential to obtain a minimum of 75% of the shareholders’ approval for this resolution.
Step 3: No Objection Certificate (NOC) from Creditors
Before proceeding with the conversion, obtain a No Objection Certificate (NOC) from all existing creditors of the Private Limited Company. The NOC ensures that creditors are aware of the conversion and have no objections to it. You Can Know about the Convert of PLC to OPC Online.
Step 4: Application with the Registrar of Companies (ROC)
Prepare and file the necessary documents with the Registrar of Companies (ROC). The documents required for conversion include:
a) Form INC-6: This form is used for applying for the conversion of a PLC into an OPC. Attach the NOC from creditors, special resolution, and other required documents as specified in the form.
b) Updated MOA and AOA: Modify the Memorandum of Association (MOA) and Articles of Association (AOA) of the Private Limited Company to reflect the changes in the structure and convert it into a One Person Company.
c) Declaration by Director: The director of the Private Limited Company must submit a declaration stating that all requirements and conditions for OPC compliance are met.
d) List of Members and Creditors: Provide an updated list of members and creditors of the Private Limited Company.
e) Identity and Address Proof: Attach identity and address proofs of the director and nominee (appointed for OPC).
Step 5: Approval from the Registrar
The Registrar of Companies will review the documents and, if satisfied, will issue a Certificate of Incorporation for the converted OPC. The date mentioned on the Certificate of Incorporation is the effective date of conversion.
Step 6: Updating PAN, TAN, and Bank Accounts
After receiving the Certificate of Incorporation, update the company’s PAN, TAN (Tax Deduction and Collection Account Number), and bank accounts with the new OPC details.
Step 7: Intimation to Other Authorities
Notify other concerned authorities about the conversion of the company, such as banks, tax authorities, and any licensing or regulatory bodies the company deals with.
Converting a Private Limited Company to a One Person Company is a strategic decision that offers several advantages, especially for solo entrepreneurs seeking limited liability and operational ease.
By following the step-by-step procedure and complying with the legal requirements, you can successfully transition your business from a PLC to an OPC. Remember to seek professional advice and guidance from legal and financial experts throughout the process to ensure a smooth and hassle-free conversion.
With the right approach and careful planning, the conversion can be a catalyst for growth and success in your entrepreneurial journey.