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Company Secretarial

Learn about ASIC's corporate compliance requirements and how we can help.

Can I convert from a proprietary company to a public company?

A proprietary limited company can convert to a public company by passing a special resolution of the shareholders so long as the conversion between the two company types are allowed under section 162 of the Corporations Act 2001. Section 162 states that:

A proprietary company limited by shares may convert to:

  • An unlimited proprietary company;
  • An unlimited public company; or
  • A public company limited by shares.

An unlimited proprietary company may convert to:

  • Proprietary company limited by shares
  • Public company limited by shares
  • Unlimited public company

 In order to complete the conversion a special resolution must be passed; the appropriate Forms and documents must be lodged with ASIC and the relevant fee must be paid. The documents to be lodged are:

  • A Form 205 - Notification of resolution;
  • A Form 206 Application for change of company type; and
  • A copy of the new company constitution.

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Patricia Holdings Company Secretarial
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