Incompatibility characteristics of OPC and LLP registration in India

Enroot of Article of association in the business:

Enroot of article of association is essential proof of a company incorporation. The effective structure and outline of the company is fully structuring through article of association. The specific provision of a company and essential conditions of the company all are keenly noticing under the business registration. Each types of business are varying from one type to other type. The conversion and modification based upon the turnover, business reach, increasing of capital amount and so on. The common procedures are not too much restrictive one.

The following of the companies act procedures will be safe one for the business promotion. Private limited company incorporation to all other procedures is deeply framing under the company law procedures. The laws are drafting under the small description naming as article of association. The importance of article of association is essential one. It clarification and modifications are getting importance in the law suits.

Enroot and pre- requisites of AOA:

The condition of the article of association sometimes seems to be more restrictive one. At that time, they need to be altered as they rise as the more restrictive one. It is commonly prevailing in the Private limited company formation into the public limited company. The time of formation of the business are keenly expressing through the INC-32 and the spice form. The article of association of the business is amending through MGT-14 and its filing. Government approval is essential one for the existing company will promote for the next level.

Every modification and conversion of the business formation is successfully completing through passing the special resolution. All the companies need to issue the proper notice to Registrar of Companies (ROC) for enrooting the new provision. Company incorporation need to follow the essential requirement of the rule 5(5) mentioning in the companies incorporation rules, 2014. The change of article association and conversion of business are determining through a board meeting.

Enroot of secretarial standards:

Board resolutions are the initial thing and getting proper permission from the board members. So, the convening of board meeting is the essential part of the business improvisation. The root of the business is relay on the articles and other proceeding following in the Article of Association. Specific condition and their complying is the special note in the restrictive form of special resolution. Why it is so important in the Private limited company registration or public limited company registration? The answer is simple one.

The new conversion of the company is giving and taking the new form of resolution as they will proceed in future. As they all are obeying the new aspects noticing in the special resolution. They also ensures that they are completely withdrawing the old forms and they will not following as same in the upcoming business proceeding. It is the whole-hearted decision from all sides of the members existing in the company. They change of the procedures also reflecting in the new business registration to the registrar of companies.

Authorised person’s role in the company:

The filing process of the new enrooting business horoscope is not easily filing one. Business filing follows certain procedures. The certified Company secretary (CS) or the Chief financial officer of the company (CFO) are the only allowing business professionals for filing the ROC with the special resolution. The new shape and enrooting of the business start here. The developing form of business hence follows the new forms as they mentioning in the Article of association. Is the same procedure will suit to both the private and public company?

Certainly, not.  Both the public company and the private limited company registration is follows the two different paths. They functionality seems to be the same but the internal functions of the formations are totally different one. The initial process of fix a date and convenient time and agenda are the essential things. Authorised person (director) can entitle the notice of the new changes in the form of Article of Association.

Enroot of the private limited company:

To enroot the business formation with the article of association the approving process of the private company starts from the wide explanatory statement. It must be in the form of official consent and need to sign by all the members of the company. The responsibility of the procedure is taking under the care of the authorised company secretary or any other officer or the high professional in the company. Is this procedure same for all the limited and unlimited company? Sure, it is not common one for all the companies.

The unlimited company follows the principles that are totally different one from the formation of private limited company. As per the companies act, regulations 30 and 46(3) are formulating the SEBI regulations under the terms of the companies act. The unlisted companies have the option of materiality decisions are allowing one. The shares of the company are keenly enlisting at the time of board meeting. It is the immediate proceeding completes within 24 hours from the conclusion of the meeting.

Role of SEBI in business formation:

Enroot the strong business registration the role of SEBI is abundant one. The statutory powers of the SEBI is approving by the Indian Parliamentary law. The securities and Exchange board monitoring the interest, security offering to the investor by the company, promotions and development of the company. It is the central process approving through the Indian government. Voting procedure for the public limited company is a centralised process following the noticing norms of the SEBI regulations. Special resolution of the public company can be processing through the postal ballot.

Comparing with the public limited company Private limited company incorporation comes with less SEBI regulations. The huge level public companies are allowing to posting their important decision and company relating decision exclusively through their company website. This process must be completed within the 2 working days. The business structure and form are varies from company to company.

Enroot of document filing:

Enroot of document filing is one of the essential process in the business incorporation process. They are needed to file the necessary and crucial documents relating to the new business initiation and modification and conversion process of registrar of companies. Such other statutory bodies also requiring the all such documents without any fail. Company deed and Partnership deed if the company is Partnership Company or LLP. As the final check every alterations are perfectly mentioning one under this ROC procedure. Board meeting and general meeting time span is interchangeable one in the business proceedings.

Board meetings are common one in the changes and modification of Private limited company incorporation. Convene of a common board meeting get minimum time schedule of a day. It can be maximum extending up to 8 to 10 days. General board meetings are allocating for public limited companies. It can be arrange in a single day. The maximum time schedule is extending up to 23 to 25 days. Special resolution of Article of Association is filing within the time period of single day to a month. Totally maximum time of two month is enough for business formation in India.


Solubilis is the place where you clarify your basic notions and doubts on the business formation procedure. From LLP registration to all company registrations are fastly completing within the month of period. For new business initiation the registration process complete within 15 days. We are functioning in Coimbatore, Chennai, Bangalore, Hyderabad, Cochin, Tirupur, Erode, Salem, Karur, Trichy and Madurai. For more details click here.

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