INC – 5

One Person Company- Intimation of exceeding threshold

• eForm INC-5 is required to be filed pursuant to Rule 6(4) of the Companies (Incorporation) Rules, 2014.
• One Person Company is required to give an intimation to the Registrar in Form No INC-5 informing that it has ceased to be a One Person Company by exceeding the threshold limit by virtue of either increase in its paid up share capital beyond fifty lakh rupees or increase in its average annual turnover during the relevant period beyond two crore rupees. OPC shall file this intimation within sixty days from the date of exceeding threshold and it will take necessary steps to convert itself into a private company or a public company as the case may be.
• Enter a valid CIN of One Person Company (OPC).
• Enter the amount of paid up share capital in case ‘Paid up share capital’ is selected in field 4(a). OR Enter the amount of average annual turnover in case ‘Average annual turnover ‘ is selected in field 4(a).
• Amount entered should be more than 50 lakh rupees in case of paid up share capital and 2 crore rupees in case of average annual turnover.

Attachment:

• Certified true copy of board resolution where person giving notice has been authorized
• Copy of the duly attested latest financial statements
• Certificate from a Chartered Accountant in practice for calculation of average annual turnover during the relevant period – This certificate is mandatory to attach if the threshold limit is exceeded on account of average annual turnover

Fee (in case of company having share capital)

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