Rule 6 Conversion of One Person Company into a Public company or a Private company
(1) The One Person company shall alter its memorandum and articles by passing a resolution in accordance with subsection (3) of sectionDefined in rule 2(f): Section means the section of the Act; (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules. 122 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) to give effect to the conversion and to make necessary changes incidental thereto.
(2) A One Person company may be converted into a Private or Public Company, other than a company registered under sectionDefined in rule 2(f): Section means the section of the Act; (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules. 8 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), after increasing the minimum number of members and directors to two or seven members and two or three directors, as the case may be, and maintaining the minimum paid-up capital as per the requirements of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) for such class of company and by making due compliance of sectionDefined in rule 2(f): Section means the section of the Act; (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules. 18 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013) for conversion.
(3) The company shall file an application in e-FormDefined in rule 2(c): Form or e Form means a form in the electronic form or non electronic form as specified under the Act or Rules made there under and notified by the Central Government under the Act No. INC-6 for its conversion into Private or Public Company, other than under sectionDefined in rule 2(f): Section means the section of the Act; (2) Words and expressions used in these rules but not defined and defined in the Act or in Companies (Specification of definitions details) Rules, 2014 shall have the meanings respectively assigned to them in the Act and said rules. 8 of the ActDefined in rule 2(a): Act means the Companies Act, 2013 (18 of 2013), alongwith feesDefined in rule 2(d): Fees means fees as specified in the Companies (Registration offices and fees) Rules, 2014 as provided in the Companies (Registration Offices and FeesDefined in rule 2(d): Fees means fees as specified in the Companies (Registration offices and fees) Rules, 2014) Rules, 2014 with altered e-MOA and e-AOA.
(4) On being satisfied that the requirements have been complied with, the Registrar after examining the latest audited financial statement shall approve the formDefined in rule 2(c): Form or e Form means a form in the electronic form or non electronic form as specified under the Act or Rules made there under and notified by the Central Government under the Act and issue certificate. .
and its average annual turnover during the relevant period exceeds two crore rupees, it shall cease to be entitled to continue as a One Person Company.
.-For the purposes of this rule,- "relevant period" means the period of immediately preceding three consecutive financial years;