The first step is to hold a board meeting of the private limited company. At this meeting, the directors of the company need to approve the conversion of the company into an OPC.
Once the board meeting has approved the conversion, an extraordinary general meeting (EGM) of the shareholders of the company needs to be held. At this meeting, the shareholders need to pass a special resolution to convert the company into an OPC.
If the company has any creditors, they need to give a no objection certificate (NOC) for the conversion of the company into an OPC.
Once the NOC from creditors has been obtained, the following forms need to be filed with the ROC:
Once the ROC has processed the application, it will issue a certificate of incorporation to the OPC.
Benefits of Converting a Private Limited Company into an OPC
There are several benefits of converting a private limited company into an OPC. These benefits include:
The process of forming and complying with the requirements of an OPC is much simpler than that of a private limited company.
As an OPC has only one member and one director, there is a single point of control over the company. This can make it easier to make decisions and take action.
OPCs are more flexible than private limited companies in terms of the activities they can undertake and the number of directors they can have.
OPCs are eligible for certain tax benefits that are not available to private limited companies.
There are also some drawbacks to converting a private limited company into an OPC. These drawbacks include:
As OPCs are relatively new, they may have limited access to funding options.
The liability of the members of an OPC is limited to the extent of their investment in the company. This means that if the company goes bankrupt, the members' personal assets are not at risk. However, this also means that the members cannot benefit from the company's profits beyond their investment.
The decision of whether or not to convert a private limited company into an OPC is a complex one. There are a number of factors that need to be considered, such as the size and structure of the business, the needs of the shareholders, and the tax implications. If you are considering converting your company into an OPC, it is important to seek professional advice to ensure that you make the right decision for your business.