MCA Circular 18/2014 Conversion from Public to Private. INC7 to be disposed of by ROC till Section 14 of Cos Act 2013 notified

No.MCA21/72/2014-e.Gov.
Government of   India
Ministry of Corporate Affairs

'A' Wing,   5th floor, Shastri Bhawan
Dr.   Rajendra   Prasad Road
New   Delhi-110001
Dated: 11 June, 2014

To
All Regional   Directors
All   Registrars   of   Companies
All Stakeholders

Subject:- Clarification for filing of form No. INC-27 for conversion of company from public to private under the provisions of Companies Act, 2013-reg

Sir,

Attention of the Ministry has been drawn to difficulties being faced by stakeholders while filing form INC-27 for conversion of a public company into aprivate company. The relevant provisions of Companies  Act, 2013 (second proviso to sub-section   (1)   and   sub-section   (2)   of   section   14) have   not   been no t ified. In view of this, the corresponding provisions of Companies Act, 1956 (Proviso to su b - section (1) and su b - section (2A) of Section 31) shall remain in force till corresponding provisions of Companies Act, 2013 are notified. The Central Government has delegated such powers under the Companies Act , 1956 to the Registrar of Companies (ROCs) vide item No. (c) of the notification number S . O. 1538(E) dated the  10 th July, 2012 and    this delegated power   remains in force . Applications for such conversions, therefore, have to be filed and disposed as per the earlier provisions.

2. This issues with the approval of the Competent Authority

(Sanjay Kumar Gupta)
Deputy Director
Ph:   23384657

Copy to:

6.                       PSO to Secretary

7.                        PPS to Addl. Secretary

8.                        PS to JS(M)/   PS to JS(B)/   PPS to JS(SP)