Chapter 2 Incorporation of Company

Section 13 : Conversion of private company into public company

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(1) In the following circumstances, a private company shall be converted into a public company under this section:

(a) If the general meeting of the private company, by adopting a special resolution, decides to convert that company into a public company, Provided, however, that no private company shall be capable of being converted into a public company unless and until it fulfils the requirements to be fulfilled under this Act for being a public company

1 (b) ………………….

1 (c)…………………..

(2) In the circumstances as refer to in Clause (a) of Sub-section (1), the concerned private company, shall for being converted into a public company, make an application as prescribed, accompanied by a copy of the resolution mentioned in that Clause and by the fees as prescribed , to the office within thirty days after the date of such resolution.

(3) On receipt of an application pursuant to Sub-station (2), the office shall, if the concerned private company has fulfilled the necessary requirements for carrying on transactions as a public company, mention in the company register the contents of conversion of such company into a public company and give a company conversion certificates as prescribed within sixty days.

1 (4) ………………………

1 (5)………………………..

1 (6)…………………………

1 (7)………………………..

(8) In the event of conversion of any private company into a public company pursuant to this Section, the provisions applicable to the public company under this Act shall be deemed to be, ipso facto, applicable to that company after the date of such conversion.

(9) In the event of conversion of any private company into a public company pursuant to this Section, all the assets and liabilities of the private company so converted shall devolve on the successor company.


1 The first amendment.

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