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Sole Proprietorship to PVT Limited Company
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SOLE PROPRIETORSHIP TO PVT. LIMITED COMPANY
The process of conversion of Sole
Proprietorship to Private Limited Company is very much similar to the regular
incorporation of any Private Limited Company with some additional documents or
points in Memorandum of Association or Articles of Association of the proposed
company.
Small scale businesses can be easily
started in the form of Sole Proprietorship due to easy operating and lesser legal
compliances; it is the easiest form of business organization. Though having some
advantages it has many disadvantages compared to a limited liability company. At the
growing stage of any business, it requires funds and entity having separate legal
entity or you can say corporate entity can get loans and any other financial
assistance from Banks and financial institutions without complication.
Benefits of Conversion
Tax Liability
As per section 47 (xiv) of Income-tax Act 1961, No Capital Gains Tax is to be charged on the transfer of property on the conversion of Proprietorship firm into a Private Limited Company.
Assets & Liability
All the assets and liabilities before the conversion of the proprietary concern automatically vest in the Company after conversion.
Stamp Duty
All immovable and movable properties of the proprietorship automatically transfer to the Company. Neither the stamp duty needs to be paid on the transfer of the property nor, any separate instrument of transfer is to be executed.
Steps to Incorporation of OPC
Name Availability
Check whether proposed name(s) do(es) not match with existing names of the companies.
01
DSC
For incorporation of Company and its further compliances Class 2 DSC is necessary.
02
RUN
File web based Form RUN for the purpose of reservation of name for the company
03
SPICe+
File web based forms Form SPICe+, Forms SPICe+ MOA, Forms SPICe+ AOA, Form AGILE Pro, and Form INC-9 for completion of incorporation process.
04
Advantages oof Private Limited Company
Due to limited liability risk of attachment of personal assets does not exist.
Shares of a company limited by shares are transferable by a shareholder to any other person subject to the restriction as given in the definition. The transfer is easy as compared to the transfer of an interest in a business run as a proprietary concern or a partnership.
A Private Limited Company is a separate legal entity which means a Private Limited company can file a court case in its own name and if a particular person wants to file a case against the company then he cannot file such case against shareholder or Director he can do it against the company itself.
A Private Limited Company enjoys Perpetual Succession which means a company’s existence does not depend upon the existence of its Directors or Members.
A company can be shut down only by a legal procedure as may be prescribed in the Companies Act.
A company can raise equity capital from persons or entities interested in becoming a shareholder subject to condition given in Definition above. Entrepreneurs can raise money from banks, financial institutions, angel investors, venture capital firms, private equity firms, and hedge funds.
Requisites of Conversion
The proprietor should check that the following requirements are complied with before starting the conversion process:
A slump sale agreement must be entered into between the sole proprietor and the private limited company for conversion.
Memorandum of Association (MOA) of the Private Limited Company must contain an object stating that – “The takeover of a sole proprietorship concern”.
All the liabilities and assets of the sole proprietorship must be transferred to the private limited company.
The proprietor should be a member of the company’s board of directors with a minimum voting power of 50% of that of the company. It may be noted that a private limited company must have a minimum of two directors.
Frequently asked
questions
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How can Regitimate help me with company registration?
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Are your services available to individuals and businesses of all sizes?Yes, we cater to both individuals and businesses, regardless of size. Our services are designed to meet the needs of startups, small and medium-sized enterprises (SMEs), and large corporations.
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What compliance services does Regitimate provide?Regitimate helps your business stay compliant with various regulations and requirements, such as annual filings, licenses, permits, and more. We offer ongoing support to ensure your business operates within the legal framework.
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Can Regitimate handle my tax filings?Yes, we offer tax filing services to individuals and businesses. Our tax experts will ensure accurate and timely filing to help you minimize your tax liability while remaining compliant with tax laws.
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How does Regitimate assist with Intellectual Property (IP) services?Our IP services include trademark registration, patent filing, copyright protection, and IP strategy development. We help safeguard your intellectual property assets and provide legal guidance in case of infringement issues.
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What types of legal documentation does Regitimate prepare?We can help you with a wide range of legal documentation, including MOU’s, Agreements & Wills. Our legal experts ensure that your documents are well-drafted and legally sound.
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What property-related services does Regitimate offer?Our property-related services cover property transactions, lease, property registration & verification, Succession & Legal Heir Certificate.
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How can I reach Regitimate's customer support for assistance?You can reach our customer support team by visiting our website's contact page, sending an email, or calling our dedicated customer support hotline.
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