Legal Provision: Legal Provisions related to Conversion of Private Company into Public Company are given in Section 14 read with section 18 of the Companies Act, 2013 read with Rule 33 of Companies (Incorporation) Rules, 2014.

Section 18 of the Companies Act, 2013 allows an existing Company to convert itself as a Company of other class by altering its memorandum and articles of association in the manner prescribed in Chapter II of the Companies Act 2013. Section 13 provides for alteration of Memorandum of Association whereas Section 14 provides for alteration of Articles of Association.

• 1. Calling of Board Meeting
  a. Issue notice in accordance with the provisions of section 173(3) of the Companies Act, 2013, for convening a meeting of the Board of Directors.
  b. Pass a board resolution to get approval of Directors for conversion of a Private company into a public company by altering the AOA.
  c. Fix date, time and place for holding Extra-ordinary General meeting (EGM) to get approval of shareholders, by way of Special Resolution, for conversion of a Private company into a Public company.
  d. To approve notice of EGM along with Agenda and Explanatory Statement to be annexed to the notice of General Meeting as per section 102(1) of the Companies Act, 2013.
  e. To authorize the Director or Company Secretary to issue Notice of the Extra-ordinary General meeting (EGM) as approved by the board under clause 1(c) mentioned above.
  
• 2. Issue of EGM Notice : Issue Notice of the Extra-ordinary General meeting (EGM)
• 3. Holding of Extra Ordinary General Meeting : Hold the Extra-ordinary General meeting (EGM) on due date and pass the necessary Special Resolution, to get shareholders’ approval for Conversion of Private Company into a Public company along with alteration in articles of association under section 14 for such conversion.
• 4. File form MGT-14 for filing special resolution passed for conversion of Private Limited in to a public limited with ROC. Attachments of E-form MGT.14 :
  i. Notice of EGM along with copy of explanatory statement under section 102;
  ii. Certified True copy of Special Resolution;
  iii. Altered memorandum of association;
  iv. Altered Articles of association
  v. Certified True copy of Board Resolution may be attached as an optional attachment.
• 5. File form INC-27
• 6. File form MGT-14 for filing special resolution passed for conversion of Private Limited in to a public limited with ROC. Attachments of E-form MGT.14:
  i. It is mandatory to attach Minutes of the member’s meeting where approval was given for conversion and altered articles of association.
  ii. Altered Articles of Association;
  iiii. Certified True copy of Board Resolution may be attached as an optional attachment.
  iv. Other information if any can be provided as an optional attachment(s).