Process for Conversion of an OPC into Private Limited Company

Conversion of an OPC to Private Limited Company can be voluntarily or by compulsion. In both the cases, there is a need to follow proper procedure. And shall require necessary alterations in the MOA and AOA of the OPC. However, it may be noted that the conversion of an OPC into a Private Limited Company as per Section 18 of the Companies Act, 2013 and the rules of Companies (Incorporation) Rules of 2014, shall not affect the existing debts, liabilities, obligations or contracts of the OPC. In addition, these will inevitably be discharged by the newly formed private limited company. Further, there may be two scenarios to convert OPC into Pvt Ltd Company.

  1. Compulsory Conversion
  2. Voluntary Conversion
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Compulsory Conversion of an OPC into Pvt Ltd

It is mandatory for an OPC to convert into a Pvt Ltd Company within 6 months if it surpasses the below-given parameters:

  1. Paid up share capital of an OPC exceeds Rs.50 lakhs and
  2. Average annual turnover of immediately preceding three consecutive financial years exceeds 2 crores.

During the conversion, the members have to just pass a special resolution in the general meeting. Further, obtain No Objection Certificate from creditors and other members before passing the resolution.

Process for Compulsory Conversion

  1. Convene a general meeting and pass Resolution for increase in the number of Directors and shareholders.
  2. For converting an OPC to a Private Limited Company, there should be at least 2 shareholders and 2 directors.
  3. Furthermore, shareholders shall pass a resolution for approving the alteration of the Memorandum of Association (MOA) and Articles of Association (AOA) of the OPC.
  4. File E- form INC-5 with ROC within 60 days of exceeding threshold limits, informing that it has ceased to be OPC. And now it requires to convert itself into a private company.
  5. Further file E-Form INC-6 on the MCA Website within 6 months of conversion.
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Voluntary Conversion

  • OPC cannot convert itself into a Private Limited Company for a period of two years from the date of incorporation.
  • Further when two year time period is over OPC can apply for converting itself into Private Limited Company.
  • OPC has to communicate voluntary conversion to a ROC in Form INC-5 within sixty days.
  • For conversion pass a resolution to increase the number of directors and shareholders.
  • For converting to a private limited company, OPC should have minimum of 2 directors and 2 members.

FAQs

Can OPC appoint Members before to meet the minimum compliance requirement of Private Company before conversion?

No, the One Person Company can have only one member and therefore the Company cannot increase the members before conversion. However, after conversion, it shall increase the number of members to meet the minimum compliance requirement.

What is the effect after conversion of OPC to a private limited company on the liabilities of previous company?

The conversion shall not affect, the liabilities, debts or obligation of the company in any way. Therefore, the company shall be liable for all its previous obligations.

MCA Portal : Track Payment Status

There are two payment options on the MCA Portal after eForm is uploaded successfully. You can select Pay Now option and make payment immediately or you can select Pay Later option. Uploaded eForm will be processed only once payment of fees is done. You can use Track Payment Status service to check the payment status of uploaded eForm or to download the paid challan copy.

Steps to Track Payment Status: MCA Portal

  1. Go to MCA Portal

    Click on MCA Services > Fee and Payment Services > Track Payment Status

  2. Enter the SRN of the uploaded eForm. Click on the Submit.

    In the Track Payment Search Box, enter the SRN Number, and click Submit.

  3. The status will appear. No action is required if the payment status is Paid.

    And you can download the copy of eForm Challan/Receipt/Acknowledgement by clicking on it.

If the payment status is Not Paid. You can go to Pay Later services to make payment of fees.

FAQs

How can I download MCA Paid Challan?

You can download the copy of challan using Track Payment Status service of MCA. Following are the steps to download MCA paid challan:

– Go to mca.gov.in,
– Go to MCA Services > Fee and Payment Services > Track Payment Status,
– Enter SRN of uploaded eForm and click Submit,
– Click on copy of eForm Challan/Receipt/Acknowledgement to download copy of Paid Challan.

What are the different mode available for making MCA fees payment?

The different modes of payment available are:
– Credit card/ Debit Card (Pay online)
– Challan (Generate the Challan online, fill it and deposit it off-line at an authorized bank branch)
– NEFT
– Net Banking (Pay online)

Which Banks provide a Net Banking Payment facility for making MCA Payments?

Net banking payment facility of following bank is available on MCA Portal
– State Bank of India
– Punjab National bank
– ICICI Bank
– HDFC Bank
– Union Bank of India
– Indian Bank
– Union Bank of India

Form DIR-2 : Consent to act as Director of Company

Every individual who wishes to become a director needs to provide a declaration for Appointment and Qualification in form DIR-2. Form DIR-2 is the consent to act as a director of the proposed company. It contains details of DIN/ PAN, Name, Address, Contact Details, Occupation Details of each director of a company. It is a mandatory attachment while filing SPICe INC-32 on MCA Portal.

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Form DIR-2 – Director Consent : Information required

The following information of the director is reported in Form DIR-2:

  • DIN / PAN of the director,
  • Full Name,
  • Father’s Name,
  • Address,
  • Email,
  • Mobile Number,
  • Nationality,
  • No. of companies in which the director is involved,
  • Particulars of Membership in case of professionals.

Who needs to attach DIR-2?

All the proposed companies should attach Form DIR-2 while filing SPICe INC-32 on MCA Portal. Individuals who wish to act as a director of the proposed company needs to provide DIR-2.

Only Directors of the proposed company needs to provide DIR-2. First Subscibers need not provide DIR-2
Tip
Only Directors of the proposed company needs to provide DIR-2. First Subscibers need not provide DIR-2

Notarized and Apostilled DIR-2 is only required in case of NRI Director.

Form DIR-2 – Director Consent

When to attach Form DIR-2?

DIR-2 needs to be filed as an attachment to SPICe INC-32. Hence it needs to be signed by the director before the filing of SPICe INC-32.

Download DIR-2 - Director Consent
Download Consent Form DIR-2
Download
Download DIR-2 - Director Consent
Download Consent Form DIR-2
Download

Steps to Attach DIR-2

Since this is an attachment of SPICe INC-32. You first need to gather Declaration from all the Directors of the company. Create a single PDF file of the same. And follow the below steps.

  1. Open SPICe Form INC-32

    Open the SPICe Form INC-32 – form for incorporation of company

  2. Navigate to Attachments

    Go to Attachments, click on Attach against Declaration by first subscriber(s) and director(s)

Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal
Tip
Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal

FAQs

Are the documents required to be Notarised and Apostilled for the incorporation of a company in case of an overseas Subscriber and Director?

The documents has to notarize before the Notary of such country and the certificate of the Notary shall be authenticated by a Diplomatic or Consular Officer empowered in this behalf under Section 3 of the Diplomatic and Consular Officers Act, 1948. attested by Public Notary and authenticated by the Indian Embassy in the country of residence.

Is it mandatory to appoint a Resident Director in a Company?

Yes, there is a mandatory requirement to appoint at least One Resident Director in a Company. Section 149(3) of the Companies Act. 2013 states that every company should have at least one director who has stayed in India for a total period of not less than 182 days in the Financial Year.

Form INC-9 : Declaration by Subscriber / First Director

While filing SPICe INC-32 form for incorporation of a company, Form INC-9 for declaration by Subscriber / First Director of a company needs to be attached. It is a mandatory attachment while filing SPICe INC-32 on MCA Portal. This declaration contains the following information:

  • Name of Proposed Company,
  • Declaration regarding the Correctness of Information Provided in SPICe Form,
  • Name of the Subscriber/ First Director,
  • Declaration regarding No Conviction or Offence Registered under Companies Act, 2013
  • Declaration regarding No Fraud or Misfeasance Committed under Companies Act, 2013
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Who needs to attach INC-9?

Form INC-9 needs to be attached by all the proposed companies while filing SPICe INC-32. Following individuals needs to provide INC-9:

  • All the subscribers of the new company,
  • All the First Directors of the new company.
Only declaration by first subscribers and directors in INC-9 is mandatory. Affidavit is NOT required to be filed.
Tip
Only declaration by first subscribers and directors in INC-9 is mandatory. Affidavit is NOT required to be filed.

Notarized and Apostilled INC-9 is only required in case of NRI Subscriber/ First Director.

Form No. INC-9 – Subscriber Declaration

When to attach Form INC-9?

INC-9 needs to be filed as an attachment to SPICe INC-32. Hence it needs to be prepared and signed by subscriber/ first director before the filing of SPICe INC-32.

Draft Form No. INC-9
Downlaod Declaration in Form No. INC-9
Download
Draft Form No. INC-9
Downlaod Declaration in Form No. INC-9
Download

Steps to Attach Form INC-9 – Subscriber Declaration

Since this is an attachment of SPICe INC-32. You first need to gather Declaration from all the Subscribers and First Directors of the company. Create a single PDF file of the same. And follow the below steps.

  1. Open SPICe Form INC-32

    Open the SPICe Form INC-32 – form for incorporation of company

  2. Navigate to Attachments

    Go to Attachments, click on Attach against Declaration by first subscriber(s) and director(s)

Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal
Tip
Make sure to optimize the size of the PDF file. Since there is a limitation of 6MB for each form uploaded on MCA Portal

FAQs

Is filing Affidavits mandatory while filing form INC-9?

Affidavits as per Section 7(1)(c) of the Companies Act, 2013 is not required. Only declaration by the first subscriber(s) and director(s) in form INC-9 is mandatory.

What are the changes made in form INC-9?

Declaration by the subscribers and the first directors in INC – 9 shall now be auto-generated in PDF format and submitted electronically.

How would form INC-9 be generated?

INC-9 shall be auto-generated in pdf format and would have to be submitted only in electronic form in all cases, except where:
(i) Total number of subscribers and/or directors is greater than 20 and/or
(ii) Any such subscribers and/or directors has neither DIN nor PAN

MCA : RUN (Reserve Unique Name) for Company Incorporation

MCA started an initiative to provide Ease of Doing Business in India. As a part of this initiative, MCA introduced RUN service. RUN can only be filed after you login on MCA Portal. Hence you either need to create an account on MCA Portal or Login to your MCA portal account to reserve the company name. In the process of company incorporation, apply for the name of the company through RUN service of MCA Portal.

RUN can be used for the following purposes:

  • To Reserve the name of New Company
  • To Change the name of any Existing Company
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Types of Company who can apply for name using RUN on MCA

Following are the type of companies who can use the RUN form on MCA to reserve name for Company Incorporation:

  • Producer Company,
  • Unlimited Company,
  • Private (OPC),
  • IFSC Company,
  • Section 8 Company,
  • New Company (Others),
  • Part I Section 8 Company,
  • Part I LLP to Company,
  • Nidhi Company,
  • Part I Firm to Company,
  • Part I Others.

While filing the RUN you can propose 2 names. While adding the names it is mandatory to add Suffix. Following are the suffix allowed for the above-mentioned type of companies in RUN:

Company Type Suffix Allowed Example
New Company (Others) Limited / Private Limited XYZ Limited
ABC Private Limited
Private (OPC) (OPC) Private Limited DEF (OPC) Private Limited
Producer Company Producer Company Limited GHI Producer Company Limited
Unlimited Company Unlimited JKL Unlimited
IFSC Company (IFSC) Limited / (IFSC) Private Limited / IFSC Limited / IFSC Private Limited MNO (IFSC) Limited / MNO IFSC Limited
PQR (IFSC) Private Limited / PQR IFSC Private Limited
Section 8 Company i.e, Trust Other than ‘Private Limited / Limited / (OPC) Private Limited’ STU Electoral
Nidhi Company Nidhi Limited VWX Nidhi Limited
Part I Section 8 Company Other than ‘Private Limited / Limited / (OPC) Private Limited’ ABC Education Institute
Part I LLP to Company Limited / Private Limited DEF Limited
GHI Private Limited
Part I Firm to Company Limited / Private Limited/ Unlimited JKL Limited
MNO Private Limited
PQR Unlimited
Part I Others N/A N/A

Rules to select proposed name of Company

  • Name must be unique,
  • The name shall not be identical or resemble too nearly to the name of any existing company or LLP, you can check the company name from here,
  • The name shall not be a registered trademark, you can check out the registered trademark from here.

Information Required to file RUN for Company Incorporation

  • Type of the company,
  • Two proposed names for the company,
  • The objective of the proposed company,
  • NOC for the proposed name if applicable,
  • CIN / LLPIN of the existing entity in case of a change in the name of an existing company,
  • SRN of RUN in case of Resubmission of RUN.

Steps to file RUN Form for Company Incorporation on MCA

  • Login to your account on MCA Portal
  • Go to MCA Services > Company Services > RUN (Reserve Unique Name)
  • Enter the required details and click on Submit
  • Make the payment of Rs.1000
  • Use SRN to track the status of name approval

Fees and Validity of RUN

Fees of INR. 1,000 is payable at the time of submission of RUN. An approved name is valid for a period of:

  • 20 days from the date of approval in case of a New Company,
  • 60 days from the date of approval in case of an Existing Company.

Post Submission Process

Once RUN is submitted along with fees. SRN (Service Request Number) gets generated. You can track the status of your application through the SRN so make sure to save it. Challan for payment of fees also gets generated. An email will be sent to your registered mail id once an application gets processed. An application can be approved or rejected by the MCA.

Reasons for Rejection of RUN

Rejection happens when names proposed in RUN form are found undesirable by MCA Administrator Following are the common reasons for rejection of RUN:

  • Proposed name resembles the name of an already registered company,
  • The proposed name includes the word for which Trade Mark is registered by someone else,
  • The proposed name is a name of a registered partnership firm and NOC is not attached with RUN.

In case of Rejection of RUN, you can Resubmit the RUN Form. Resubmission needs to be done within 15 days from the date of rejection of RUN.

FAQs

Who can file RUN to reserve name?

Any individual who wishes to incorporate a new company can file RUN to reserve a name. The only prerequisite is to have an account on MCA Portal. You can either create a new account or use your current account to file RUN.

I want to incorporate Private Limited Company which Entity type should I select in RUN?

You need to select the New Company (Others) from the dropdown list. And while entering name add Private Limited as a suffix.

Can I change the name of my LLP while converting it into Private Limited Company?

No. You can start the conversion of LLP into a Private Limited Company by using RUN. But the LLP name and proposed company name should remain the same.

MCA Portal : Apply for Refund

MCA allows Refund of form fees in specific cases. Refund is allowed on forms filed by both Companies and LLPs. You can claim a refund in the following cases:

  • Multiple payments are made for the same eForm,
  • Incorrect Payment is made,
  • Excess Payment is made.
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You can apply for a refund by filing Refund Form. The Refund Form can not be filed without the DSC of an authorized person. So make sure that the DSC of an authorized person is associated with MCA Portal.

MCA Portal: Steps to file Refund Form

  1. Go to MCA portal

    Go to MCA Services > Company Services > Compliance Filing

  2. Go to Refund Form

    Download e-Form with Instruction kit zip.

  3. Extract the Zip and OPEN the Form_REFUND

    Enter CIN / LLPIN and click on Pre-fill. All basic details of Company / LLP will be prefilled.

  4. Enter the necessary details

    Enter Mode of Payment of refund, Payee details, Reason for refund, SRN of the eForm for which refund is claimed.

  5. Enter the required details

    Enter Details of Application and attach Scanned Copy of Cancelled Cheque

  6. Click on Check Form.

    Upon successful form check Attach the DSC of an authorized person.

  7. Click on Prescrutiny.

    Upon successful prescrutiny Upload the eForm from your login.

Make sure that the cancelled cheque is provided for the same Bank Account whose details are mentioned in Refund Form
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Make sure that the cancelled cheque is provided for the same Bank Account whose details are mentioned in Refund Form

FAQs

Can I claim a refund of fees if payment status is Not Paid?

No. You can not claim a refund of fees if payment status is Not Paid. You can only claim a refund of fees if payment status is Paid.

Can I claim a refund of Stamp Duty Paid using this refund form?

No. Refund Form can be filed only for claiming refund of MCA Services. For refund of stamp duty, you need to contact the concerned state/union government where it is paid.

What are the different mode available for making MCA fees payment?

The different modes of payment available are:
– Credit card/ Debit Card (Pay online)
– Challan (Generate the Challan online, fill it and deposit it off-line at an authorized bank branch)
– NEFT
– Net Banking (Pay online)

MCA Portal : Track Service Related Complaint Status

You can track service related complaint status without logging into your account on MCA Portal. You can use Track Service Related Complaint service to request the following:

  • Status of Ticket
  • Update Ticket
  • Reopen Ticket
  • Close Ticket

You can not track the status of a ticket without Ticket Number and Email ID mentioned. Ticket number gets generated after submission of a service-related complaint.

Steps to Track Service-Related Complaint in MCA Portal

  1. Access the MCA Portal

    Go to MCA Services > Complaint > Track Service Related Complaint Status

  2. Select Request Type.

    Enter Ticket Number, Email ID and click on Submit.

  3. The Status of Ticket page will be displayed.

    It contains details of the ticket along with a solution provided by the helpdesk.

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FAQs

What are the different ticket statuses?

Following are the different ticket statuses:
– Under process
– Waiting for information (i.e. Waiting for response from Complainant)
– Forwarded (Forwarded to Other Departments)
– Closed
– Reopened
– Resolved

Can I add details of Company to the created ticket on MCA Portal?

Yes. You can add details of the Company to the ticket by using Update Ticket service. You will need a Ticket Number and Email ID of a created ticket to make changes. Go to MCA Services > Complaint > Track Service-Related Complaint Status > Update Ticket.

Which Banks provide Net Banking Payment facility for making MCA Payments?

Net banking payment facility of following bank is available on MCA Portal
– State Bank of India
– Punjab National bank
– ICICI Bank
– HDFC Bank
– Union Bank of India
– Indian Bank
– Union Bank of India

MCA Portal : Create Service Related Complaint

You can file Service Related Complaint if you are facing any technical issues in using MCA Portal. You can create a complaint about the following issues related to:

  • Login on MCA Portal,
  • eForm Download,
  • Attaching a DSC on an eForm,
  • Uploading an eForm,
  • Making online payment through portal.

You can also track the status of filed complaints through MCA Portal.

Steps to Create Service Related Complaint

  1. Access the MCA Portal

    Go to MCA Services > Complaint > Create Service-Related Complaint

  2. Enter details in the form

    Enter personal details i.e, your name, city, country, Mobile Number, Email id. Enter Type of entity, Severity of complaint, Description of the problem, Form ID and SRN of form.

  3. Click on submit

    A confirmation message will be shown. Click OK to proceed. Ticket details with the ticket number will be shown. You can also track the status of the service-related complaints.

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FAQs

When will I receive a response to a complaint?

A response will be received on an email id mentioned in a complaint. It usually takes 2-3 working days to receive a response from MCA.

Can I also upload supporting document with service related complaint?

Yes. If you are facing any issue in signing or uploading the eForm you can also attach the same with service related complaint.

Is it mandatory to add CIN / LLPIN while filing service related complaint?

No, it is not mandatory to add CIN / LLPIN in a complaint. But is it always advisable to add CIN / LLPIN for faster resolution of an issue.

How can I file an Investor related complaint?

To file an Investor related complaint, you need to download and Investor Complain eForm or Serious Compliant eForm, fill the same and upload it from your Login. Your complaint will be assigned to an MCA official who will look into the complaint and work towards its resolution.

MCA Portal : Request for Scanned Documents

You can request Scanned Documents that are not visible through View Public Document” user service. Under this service, An MCA official scans the document available with MCA in paper form and uploads it in the MCA repository once a request is placed. Once the document is uploaded in the MCA repository, you can place a request to view the public document. You can create a request for the following category of documents:

  • Incorporation of Company,
  • Allotment, Share Capital,
  • Charge Management, IEPF,
  • Accounts, Register of Members,
  • Miscellaneous Services,
  • Mediator,
  • Authorize to Register, Registered Value,
  • Remuneration of MGP,
  • Audit,
  • Director,
  • Strike Off,
  • Foreign Companies,
  • Nidhi Companies.

Steps to Request for Scanned Documents: MCA Portal

  1. Go to the MCA Portal.

    Firstly, login to your account on MCA Portal. Click on MCA Services > Document Related Services > Request for Scanned Documents

  2. Enter CIN / LLPIN

    Select Document Type, Enter Document Description and click on Submit.

  3. Service Request Number (SRN) will be generated.

    And the date by which the documents will be available will be shown on screen.

  4. Once the document is uploaded on the MCA repository, you can see the same under My Workspace > Documents

    And you can place a request to view the public documents to download it.

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FAQs

When is document description in a request?

Document description helps to identify the document for which a scanning request is made. For example, you want to create a request for the MOA of a company. Then select the document category as Incorporation of Company. And enter MOA in Document Description.

Is request for scanned document service free?

Yes. There is no charge for creating a request for scanned documents. However, for downloading the same you need to use View Public Document Service and pay the fees.

How do you inspect a document on MCA?

– Go to MCA Portal
– Go to Service > Inspection public documents > Fill the CIN of the desired company
– After showing detail on MCA portal, click on the first column and wait for payment detail
– Pay the online amount of INR 50
– Inspect the desired documents on the ‘My Documents’ on MCA Portal.
– Click Download

MCA Portal : Resubmission of eForm

All the uploaded eForms are checked by the MCA officer before approval. Approval is given by the officer if no discrepancy is found in eForm. But if any discrepancy is found in filed eForm then the same will be sent for resubmission. MCA will notify you about the discrepancy through email. You only need to make necessary changes in filed eForm and complete the resubmission process within 15 days on the MCA portal. You don’t need to pay form fees again. Payment of fees is required only after uploading the eForm for the first time.

Steps for Resubmission of eForm on the MCA Portal

It is a two-step process:

  1. Download submitted eForm for resubmission,
  2. Upload eForm for Resubmission.

Steps 1 through 3 explain the process to download the form and steps 4 through 6 explain the process of resubmission of the eForm.

  1. Go to MCA Portal

    Firstly, Login to your account on MCA Portal. Click on MCA Services > e-Filing > Download Submitted Form for resubmission

  2. Enter the SRN of submitted eForm.

    Enter the SRN in the box below ‘Download Submitted Form for Resubmission’

  3. Click on Submit

    Save the eForm on your PC.

  4. Navigate to upload eForms

    Click on MCA Services > e-Filing > Upload eForms

  5. Enter SRN

    Click on Resubmission and enter SRN of eForm.

  6. Complete the resubmission process

    Click on Browse to select prepared eForm. Click on Upload to finish resubmission.

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FAQs

What can cause resubmission of filed eForms on MCA Portal?

The common reason for resubmission is noncompliance with rules and regulation of Companies Act, 2013. But to know the exact reason look at the email sent for resubmission. Because it will mention the discrepancy and how to resolve the same.

How many times can I resubmit filed eForms?

Two chances are given for resubmission of eForms. After that, you need to upload a new eForm again and pay the fees again.

Is there a time limit for resubmission of eForm?

Yes. Normally 15 days time is given for resubmission of eForm. The time limit is always mentioned in the email sent for the resubmission of eForm.