Corporate advisory attorney, is it possible to convert from a limited liability company to a stock company?

Hello.

In the case of a limited liability company, the organization can be changed through a general meeting resolution by the unanimous consent of all members.

However, the company is not changed by a general meeting resolution alone, and detailed procedures are required.

Accordingly, if you are curious about the details, it is advisable to consult with a corporate advisory attorney.

Procedure for converting from a limited liability company to a stock company

1. General meeting resolution by the unanimous consent of all members

As mentioned earlier, the organization can be changed to a stock company by a general meeting resolution reached with the unanimous consent of all members.

2. Court approval

The company's directors and auditors must jointly apply for court approval and obtain it, and the court with jurisdiction here is the district court where the company's head office is located.

3. Creditors' objection procedure

A company creditor who objects to the company's organizational change must raise the objection within one month from the date of public notice or the date of being urged.

If no objection is raised within this period, the organizational change is deemed to have been approved.

4. Dissolution registration and incorporation registration

When a limited liability company changes its organization, within two weeks at the location of the head office, it must file a dissolution registration for the limited liability company and an incorporation registration for the stock company.

However, please note that a limited liability company can change its organization only into a stock company and cannot change into a general partnership company or a limited partnership company.

If you need help with these detailed procedures, consulting with a corporate advisory attorney can be a good approach.