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Private company into a public company

How does a private limited company become public?

The short answer

Sections 13 and 14, filed in MGT-14, then INC-27. Not a fresh SPICe+. The company remains the same company.

A private company that will have at least three directors and seven members.

VerifiedAct-sourced — Sections 13, 14 and 18.

Step by step

  1. 1

    Headcount

    Three directors and seven members before you file.

  2. 2

    Special resolution and MGT-14

    Take the private-company restrictions out of the articles and change the name clause.

  3. 3

    INC-27

    A second SRN. Not a fresh SPICe+.

  4. 4

    Certificate

    The word Private comes off only when the Registrar records it. MGT-7A stops. The company cannot be small.

  5. 5

    Sign, upload, pay

    A director submits the web form at mca.gov.in as a business user. The SRN appears in My Application. Download the PDF, sign it with the DSC already associated to the DIN, DPIN, PAN or membership number on the form, upload that PDF against the same SRN, and pay.

Forms

  • MGT-14 — The special resolution.
  • INC-27 — The conversion.

Papers

  • Altered memorandum and articles
  • Special resolution
  • Proof of the board and the members

Where this filing fails

  • A public company cannot be a small company. MGT-7A and the two-meeting board rule stop.