33 Alteration of Articles

(1) For effecting the conversion of a private company into a public company or vice versa, the application shall be filed in Form No.INC.27 with fee.

²[(2) subject to the provisions of sub-rule (f), for effecting the conversion ofa public company into a private company, Service Request Number (SRN) of Form No. RD- 1, pertaining to order of the Regional Director approving the alteration, shall be mentioned in Form No. INC-27 to be filed with Registrar along with fee together with the altered e-Memorandum of Association and eArticle of Association within fifteen days from the date of receipt of the order from the Regional Director.]

Explanation.- For the purposes of this sub-rule, the term “competent authority” means, the Central Government.

Amendment-

1. Substituted by Notification Companies (Incorporation) fourth Amendment Rules, 2016 Dated 1st October, 2016.

In rule 33, for sub-rule (2),

(2) A copy of order of the competent authority approving the alteration, shall be filed with the Registrar in Form No. INC.27 with fee together with the printed copy of the altered articles within fifteen days of the receipt of the order from the Central Government.

the following shall be substituted namely :-

(2) Subject to the provision of sub-rule (1), for effecting the conversion of a public company into a private company, a copy of order of the Tribunal  approving the alteration , shall be filled with the Registrar in Form No. INC -27 with fee together with the printed copy of altered articles within fifteen days from the date of receipt of the order from the Tribunal.

 2. Substituted by the  the Companies (Incorporation) Amendment Rules, 2023. Amendment effective from 23rd January, 2023

For Sub-Rule (2)- 

¹[(2) Subject to the provision of sub-rule (1), for effecting the conversion of a public company into a private company, a copy of order of the Tribunal  approving the alteration , shall be filled with the Registrar in Form No. INC -27 with fee together with the printed copy of altered articles within fifteen days from the date of receipt of the order from the Tribunal.]

The following shall be substituted namely-

"(2) subject to the provisions of sub-rule (f), for effecting the conversion ofa public company into a private company, Service Request Number (SRN) of Form No. RD- 1, pertaining to order of the Regional Director approving the alteration, shall be mentioned in Form No. INC-27 to be filed with Registrar along with fee together with the altered e-Memorandum of Association and eArticle of Association within fifteen days from the date of receipt of the order from the Regional Director."