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 eForm INC-6 – One Person Company and Private Company – Application for Conversion

Part I Law(s) Governing the eForm

Section and Rule Number(s)

e-Form INC-6 is required to be filed pursuant to Section 18 of the Companies Act, 2013 and Rule 6 and 7(4) of the Companies (Incorporation) Rules, 2014.

Purpose of the e-Form

This e-Form is required to be filed in case of conversion of OPC into private or public or conversion of private into OPC. In case any One Person Company wants to convert itself into Private/Public Company then it can voluntarily apply through Form INC-6.

A private company can also make application for conversion into One Person Company by filing Form INC-6.

Part II Instructions to fill the eForm

Specific Instructions to fill the eForm INC-6 at Field Level

Instructions to fill the eForm are tabulated below at field level. Only important fields that require detailed instructions to be filled in eForm are explained. Self-explanatory fields are not discussed.

Please ensure eForm MGT-14 (in case of conversion of OPC) must have been filed and approved before filing this eForm.

S. No/ Section Name Field Name Instructions
1 Application for In case of Conversion of OPC into private company or Conversion of OPC into public company, user is required to fill Part A of the eForm.

In case of Conversion of Private company into OPC option, user will be required to fill Part A and B of the eForm.

2 (a) Corporate identity Number (CIN) of the company
  • Enter a valid CIN of the company.
  • Enter the CIN of OPC in case of conversion of OPC into private company or conversion of OPC into public company.
  • Enter the CIN of the existing private company in case of conversion of private company into OPC.
Pre-fill button Click the Pre-fill button. On clicking the button, system will automatically display the name, registered office address, email ID, date of incorporation of the company, category, sub- category of the company and whether the company has share capital or not.

In case there is any change in the email ID, you can enter the new valid email ID.

4 Name of the company at the time of incorporation (to be displayed in the certificate) Name of the company at the time of incorporation is prefilled in case the company is incorporated through MCA portal and in any other case, the same needs to be entered by the user.
Part A To be filled by the user in case of conversion of OPC into private company or public company.
6 A, b & c Particulars of special resolution Enter the details of special resolution authorizing conversion of company.

User should ensure eForm MGT-14 must have been filed before filing of this form and enter the details of SRN of the same.

7 I a & b Authorized capital and paid up capital of the company Enter the authorized and paid up capital of the company.
II a, b, c, d Maximum number of members Enter the maximum number of members of the company. Ensure maximum number of members are:

  • Minimum 2 and maximum 200 in case of conversion of OPC into private company
  • 7 in case of conversion of conversion of OPC into public company
  • 1 in case of conversion of Private company into OPC
Part B – This part is required to be filled in case of conversion of private company into OPC.
8 Director Identification number (DIN) Enter an approved DIN, if any of the sole member of the OPC subsequent upon conversion.
Pre-fill Click the Pre-fill button. On clicking the button, system will automatically display the details of the director like first, middle and surname, father’s name, gender, date of birth, educational qualifications, permanent residence address and email id based on DIN.

Enter the details in case PAN is entered and name including first, middle and surname details shall be verified by the system.

Ensure that member should be an Indian citizen and resident in India and moreover Indian address should be entered in particulars of permanent address.

It is mandatory to enter the details of previous residence address in case duration of stay of member is less than a year at present address.

User is also required to make sure that member should not be a member of more than one OPC.

Nomination I The name of the member is auto filled based on above particulars.
The member of Enter the proposed name of the company subsequent upon conversion (after deletion of the word ‘Private’ and addition of the word OPC).
do hereby nominate Particulars of Nominee Enter the full name of the Nominee Enter the particulars of the nominee to the sole member of OPC subsequent upon conversion.

User should ensure that nominee should be an Indian citizen and resident in India and should not be nominee to more than one OPC.

All the particulars of nominee validations are same as of sole member.

Attachments It is mandatory to attach following with this eForm in all the purposes:

  • Altered Memorandum of association
  • Altered Articles of association
  • Copy of the duly attested latest financial statement.
  • Copy of board resolution authorizing giving of notice.

In case of conversion of private company into OPC, following attachments are mandatory:

  • Certified true copy of minutes, list of creditors and list of members.
  • Copy of NOC of every creditors.
  • Consent of the nominee in Form No. INC-3 along with all enclosures.
  • Copy of PAN card of the nominee and member.
  • Proof of identity of the nominee and member.
  • Residential proof of the nominee and member.

Any other information can be provided as an optional attachment(s).

Declaration I …….. a …………… of the company declare that ……………………… attached to this form. Enter the name and designation of the person authorized to sign, give declaration and submit the eForm.
To be digitally signed by DSC & Designation Select one of the option from the drop-down list – Director / Manager / Company Secretary / CEO / CFO.

Ensure the eForm is digitally signed by the same person whose designation is reflected in declaration and is authorized by board resolution to sign the form.

The person should have registered his/her DSC with MCA by using the following link (www.mca.gov.in). If not already register, then please register before signing this form.

Disqualified Director should not sign the form.

  Director identification number of the director; or

DIN or PAN of the manager/CEO/CFO; or Membership number of the Company Secretary

  • In case the person digitally signing the eForm is a Director – Enter the approved DIN
  • In case the person digitally signing the eForm is Manager, Chief Executive Officer (CEO) or Chief Financial Officer (CFO) – Enter approved DIN or valid income-tax PAN
  • In case the person digitally signing the eForm is Company Secretary – Enter valid membership number.
  Member This field is valid in case of conversion of OPC either into a private company or a public company.

Enter an approved DIN of the director or a valid Income tax PAN of the member.

Common Instructions to fill eForm

Buttons Particulars
Pre-Fill The Pre-fill button can appear more than once in an eForm. The button appears next to a field that can be automatically filled using the MCA database.

Click this button to populate the field.

Note: You are required to be connected to the Internet to use the Pre- fill functionality.

Attach Click this document to browse and select a document that needs to be attached to the eForm. All the attachments should be scanned in pdf format. You have to click the attach button corresponding to the document you are making an attachment.

In case you wish to attach any other document, please click the optional attach button.

 

Remove Attachment

You can view the attachments added to the eForm in the List of attachment field.

To remove any attachment from the eForm, select the attachment in the List of attachment field and click the Remove attachment button.

Check Form 1. Click the Check Form button after, filling the eForm. System performs form level validation like checking if all mandatory fields are filled. System displays the errors and provides you an opportunity to correct errors.

2. Correct the highlighted errors.

3. Click the Check Form button again and. system will perform form level validation once again. On successful validations, a message is displayed “Form level pre scrutiny is successful”.

Note: The Check Form functionality does not require Internet connectivity.

Modify The Modify button is enabled, after you have checked the eForm using the Check Form button.

To make changes to the filled and checked form:

1. Click the Modify button.

2. Make the changes to the filled eForm.

3. Click the Check Form button to check the eForm again.

Pre scrutiny 1. After checking the eForm, click the Prescrutiny button. System performs some checks and displays errors, if any.

2. Correct the errors.

Country Code Enter the country code. Refer Annexure A – ISO Country Codes

Part III – Important Points for Successful Submission

eForm INC-6- One Person Company & Private Company – Application for Conversion

Fee Rules

S. No Purpose of the form Normal Fee Additional Fee (Delay Fee) Logic for Additional Fees Remarks
Event Date Time limit (days) for filing
1. Voluntarily Conversion The Companies (Registration Offices and Fees) Rules, 2014 Date of

passing

special

resolution.

30 days

Fees payable is subject to changes in pursuance of the Act or any rule or regulation made or notification issued thereunder.

Processing Type

The eForm will be processed by the office of Registrar of Companies (RoC).

SRN Generation

On successful submission of the eForm INC-6, SRN will be generated and shown to the user which will be used for future correspondence with MCA.

Challan Generation

On successful submission of the eForm INC-6, Challan will be generated depicting the details of the fees paid by the user to the Ministry. It is the acknowledgement to the user that the eForm has been filed.

Email

When an eForm is approved/rejected by the authority concerned, an acknowledgement of approval/rejection with related documents, is sent to the user in the form of an email at the end of the day to the email id of the company.

Certificate

Fresh certificate of incorporation consequent on conversion is generated and sent to the user as an attachment to the email.

Annexure A

Country Name Country Code Country Name Country Code
AFGHANISTAN AF LIBERIA LR
ÅLAND ISLANDS AX LIBYAN ARAB JAMAHIRIYA LY
ALBANIA AL LIECHTENSTEIN LI
ALGERIA DZ LITHUANIA LT
AMERICAN SAMOA AS LUXEMBOURG LU
ANDORRA AD MACAO MO
ANGOLA AO MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF MK
ANGUILLA AI MADAGASCAR MG
ANTARCTICA AQ MALAWI MW
ANTIGUA AND BARBUDA AG MALAYSIA MY
ARGENTINA AR MALDIVES MV
ARMENIA AM MALI ML
ARUBA AW MALTA MT
AUSTRALIA AU MARSHALL ISLANDS MH
AUSTRIA AT MARTINIQUE MQ
AZERBAIJAN AZ MAURITANIA MR
BAHAMAS BS MAURITIUS MU
BAHRAIN BH MAYOTTE YT
BANGLADESH BD MEXICO MX
BARBADOS BB MICRONESIA, FEDERATED STATES OF FM
BELARUS BY MOLDOVA,

REPUBLIC OF

MD
BELGIUM BE MONACO MC
BELIZE BZ MONGOLIA MN
BENIN BJ MONTENEGRO ME
BERMUDA BM MONTSERRAT MS
BHUTAN BT MOROCCO MA
BOLIVIA BO MOZAMBIQUE MZ
BOSNIA AND HERZEGOVINA BA MYANMAR MM
BOTSWANA BW NAMIBIA NA
BOUVET ISLAND BV NAURU NR
BRAZIL BR NEPAL NP
BRITISH INDIAN OCEAN TERRITORY IO NETHERLANDS NL
BRUNEI DARUSSALAM BN NETHERLANDS ANTILLES AN
BULGARIA BG NEW CALEDONIA NC
BURKINA FASO BF NEW ZEALAND NZ
BURUNDI BI NICARAGUA NI
CAMBODIA KH NIGER NE
CAMEROON CM NIGERIA NG
CANADA CA NIUE NU
CAPE VERDE CV NORFOLK ISLAND NF
CAYMAN ISLANDS KY NORTHERN MARIANA ISLANDS MP
CENTRAL AFRICAN REPUBLIC CF NORWAY NO
CHAD TD OMAN OM
CHILE CL PAKISTAN PK
CHINA CN PALAU PW
CHRISTMAS ISLAND CX PALESTINIAN

TERRITORY,

OCCUPIED

PS
COCOS (KEELING) ISLANDS CC PANAMA PA
COLOMBIA CO PAPUA NEW GUINEA PG
COMOROS KM PARAGUAY PY
CONGO CG PERU PE
CONGO, THE DEMOCRATIC REPUBLIC OF THE CD PHILIPPINES PH
COOK ISLANDS CK PITCAIRN PN
COSTA RICA CR POLAND PL
COTE D’IVOIRE CI PORTUGAL PT
CROATIA HR PUERTO RICO PR
CUBA CU QATAR QA
CYPRUS CY REUNION RE
CZECH REPUBLIC CZ ROMANIA RO
DENMARK DK RUSSIAN FEDERATION RU
DJIBOUTI DJ RWANDA RW
DOMINICA DM SAINT BARTHELEMY BL
DOMINICAN

REPUBLIC

DO SAINT HELENA SH
ECUADOR EC SAINT KITTS AND NEVIS KN
EGYPT EG SAINT LUCIA LC
EL SALVADOR SV SAINT MARTIN MF
EQUATORIAL GUINEA GQ SAINT PIERRE AND MIQUELON PM
ERITREA ER SAINT VINCENT AND THE GRENADINES VC
ESTONIA EE SAMOA WS
ETHIOPIA ET SAN MARINO SM
FALKLAND ISLANDS (MALVINAS) FK SAO TOME AND PRINCIPE ST
FAROE ISLANDS FO SAUDI ARABIA SA
FIJI FJ SENEGAL SN
FINLAND FI SERBIA RS
FRANCE FR SEYCHELLES SC
FRENCH GUIANA GF SIERRA LEONE SL
FRENCH POLYNESIA PF SINGAPORE SG
FRENCH SOUTHERN TERRITORIES TF SLOVAKIA SK
GABON GA SLOVENIA SI
GAMBIA GM SOLOMON ISLANDS SB
GEORGIA GE SOMALIA SO
GERMANY DE SOUTH AFRICA ZA
GHANA GH SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS GS
GIBRALTAR GI SPAIN ES
GREECE GR SRI LANKA LK
GREENLAND GL SUDAN SD
GRENADA GD SURINAME SR
GUADELOUPE GP SVALBARD AND JAN MAYEN SJ
GUAM GU SWAZILAND SZ
GUATEMALA GT SWEDEN SE
GUERNSEY GG SWITZERLAND CH
GUINEA GN SYRIAN ARAB REPUBLIC SY
GUINEA-BISSAU GW TAIWAN TW
GUYANA GY TAJIKISTAN TJ
HAITI HT TANZANIA TZ
HEARD ISLAND AND MCDONALD ISLANDS HM THAILAND TH
HOLY SEE (VATICAN CITY STATE) VA TIMOR-LESTE TL
HONDURAS HN TOGO TG
HONG KONG HK TOKELAU TK
HUNGARY HU TONGA TO
ICELAND IS TRINIDAD AND TOBAGO TT
INDIA IN TUNISIA TN
INDONESIA ID TURKEY TR
IRAN, ISLAMIC REPUBLIC OF IR TURKMENISTAN TM
IRAQ IQ TURKS AND CAICOS ISLANDS TC
IRELAND IE TUVALU TV
ISLE OF MAN IM UGANDA UG
ISRAEL IL UKRAINE UA
ITALY IT UNITED ARAB EMIRATES AE
JAMAICA JM UNITED KINGDOM GB
JAPAN JP UNITED STATES US
JERSEY JE UNITED STATES MINOR OUTLYING ISLANDS UM
JORDAN JO URUGUAY UY
KAZAKHSTAN KZ UZBEKISTAN UZ
KENYA KE VANUATU VU
KIRIBATI KI VENEZUELA, BOLIVARIAN REPUBLIC OF VE
KOREA, DEMOCRATIC PEOPLE’S REPUBLIC OF KP VIET NAM VN
KOREA, REPUBLIC OF KR VIRGIN ISLANDS, BRITISH VG
KUWAIT KW VIRGIN ISLANDS, U.S. VI
KYRGYZSTAN KG WALLIS AND

FUTUNA

WF
LAO PEOPLE’S DEMOCRATIC REPUBLIC LA WESTERN SAHARA EH
LATVIA LV YEMEN YE
LEBANON LB ZAMBIA ZM
LESOTHO LS ZIMBABWE ZW

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