Public Limited Company Registration |

Public Limited Company Registration

Incorporating a public limited company is more credible then private Limited Company. Small and Medium Size Business enterprise who wish to raise the equity capital from the general public, Its an ideal choice. Expert advice is mandatory before incorporation a Private Limited Company. Allow Estabizz to assist you for your Public Company Formation.

Meaning of Public Limited Company

The Public limited company is registered as per Companies Act, 2013 and rules made thereunder and it is a separate legal entity which can offers its shares to be traded on stock exchanges for public. Public Limited Company enjoy all the rights of a corporate entity with limited liabilities for its members and has rights to sell its shares for raising the capital of the company. However, it has to be differentiated from a private Limited Company. Public Company must have minimum number of three directors and seven members. Unlike Private Limited Company, there is no limit on maximum number of members of the Public Company.

As Compared to Private Limited Company, Public limited company has more stringent rules and regulations. On the other Part, a Public Limited Company has many advantages than private limited company and it is considered as better form of Business due to its features like easy transferability of shares and right of ownership and also raise fund from public by issuing shares through Initial Public Offer (IPO).

Public Limited Company is beneficial as the shares can be transferred easily, the Company have increased Borrowing Capacity, It’s a Separate Legal Entity, Shares can be listed in Stock Exchange.

Benefits of Public Limited Company

High Credibility

Easily transferable shares

Limited Liability of Members

Member’s liability is limited to the extent of amount unpaid on shares.

The shareholder enjoy the rights of limited liability and such shares cannot be used to clear debt and losses of the Company and cannot be seized by any bank, Creditors or Government Bodies. However, shareholders are responsible for their own offences.

Shares of the Public Limited Company can be listed on a Recognized Stock Exchange.

Perpetual Succession which means death, retirement, insanity, and insolvency of one or more members/ shareholder/ directors, the company still continue its existence.

It can issue equity, debentures and can accept the deposits from the general public by selling its shares.

A Company can easily obtain funding from Banks and other financial institutions as Financial institutions find public companies more prominent than other unregistered companies.

There is wider scope for growth and expansion of business as there is less scope of unsystematic risks of the market. Fewer risks lead to better opportunities so that the company can grow and expand by investing in new projects from the funds raised by selling its shares in the market.

Difference between the Public limited Company and Private Limited Company

Eligibility Criteria for Public Limited Company Registration

Directors: Minimum three Directors are required and one must be a resident of India.

Shareholders: Minimum Seven Members are required who can become directors or shareholders or both.

Unique Name: The Company shall have a unique name which shall not be similar to the existing company registered in India and the name shall not similar to any registered or applied trademark in India. All the Public limited companies must add “Limited” word at the end of their name. it is denoted as an identity of a public company.

Capital Requirement: As per the requirements of the act, no minimum capital required for the registration. However, the Public Company shall have minimum Authorised share capital of 5 Lakhs.

Documents required for registration of Public Limited Company

Process of Public Limited Company Registration in India

Application for DSC

The DSC of the director is require to file the online application form for a public limited company.

DSC can be taken by submitting a DSC application attached with identity proof, address proof, photographs of the respective signatory.

Reservation of Company Name

The company needs to get the company name approved under the Companies Act, 2013, which is valid up to twenty days from the date of approval. A company can propose for two names

You can check the name availability through the MCA portal by following this step

Visit the MCA Portal> select the MCA services> Click Check Company Name

Filling of online application for Incorporation

After Name Approval, Application for incorporation of Company shall be made in Spice+ Form (INC-32). This is a simplified proforma for incorporating a company. This form is accompanied by e-MOA(Memorandum of Association), e-AOA(Article of Association). These two documents contain the details of the mission, objectives, aims, visions, business activities, responsibilities of all the directors and shareholders and definition of the proposed company. This form is also accompanied by AGILE-Pro (Details for registration under EPFO & ESIC/ GST / Bank account Opening), PAN and TAN Application.

Approval of application for Incorporation

Upon verification of documents submitted by the Company, Application for Incorporation of the Company is approved by Ministry of Corporate Affairs. Post approval Ministry of Corporate Affairs will issue PAN, TAN, Certificate of Incorporation, ESIC Registration.

Bank Account Opening

After Incorporation, it is Compulsory to open a Current Bank account with any bank by submitting the certificate of incorporation, MOA & AOA, PAN and TAN of the Company, Stamp of the company and other required documents.

Document you will get After Registration of your Public Limited Company

FAQs

Is Public Limited company registration process online?

Yes, The process of company registration is completely an online process in India.

Can an NRI or a Foreigner become Director of a Public Limited Company?

Yes, an NRI or a Foreigner is eligible to become Director of a Public Limited Company.

How many days are needed to incorporate a Public Limited Company?

Usually, a period of 15 business days is required for registering a Public Limited Company in India.

What is a Director Identification Number?

DIN or the Director Identification Number is a unique identification number issued by the Ministry of Corporate Affairs to director. It is a Compulsory to have DIN to become the director of a company. Only one DIN is allotted to one director, and it has permanent validity.

What are the Statutory Requirements for a Public Limited Company?

Every Public Limited Company needs to hold at least one Board Meeting in one quarter that means total four board meetings needs to hold in a year And needs to hold one Annual General Meeting (AGM) in a year.

Is there any limit on a maximum number of shareholders in a Public Limited Company?

No, In Public Limited company, there is no limits on a maximum number of shareholders.

Who is the owner of a Public Limited Company?

The shareholders or the members of a Public Limited Company are considered as Owners of the Company.

Which form of Company is the best option for entrepreneurs who has larger investment requirement?

Public Limited Company is the best option for entrepreneurs who concedes larger investment requirements for the business.

In case of any lose, Are the assets of Directors of Public Company safe?

Only the investment in shares of the business gets lost in virtue of Public limited company In case of any losses. However, personal assets of the directors are meant to be safe.

Can Public Limited Company raise capital from Stock Market?

Any Public Limited company can list itself on the recognized stock exchanges in India and raise capital from the general public through stock market.

What is the requirements for minimum paid up capital to set up Public Company Registration?

The primary requirement of the minimum paid-up share capital worth INR 5 Lac has been repealed by the famous amendment done via Companies (Amendment) Act, 2015.

What are the Liabilities of Public Limited Company in India?

Public limited company must deal with heavy compliances strictly as they generally deal with public money, which are voluminous than those performed by a private limited company in India. There are much periodic & annual compliance to be made by a public limited company with ROC/MCA, RBI, SEBI, etc apart from the regular compliances concerned with income tax. These regulatory authoritative liabilities are in addition to promote and secure steadily along with the welfare and profits of all shareholders of the public limited company in India.

What are the conditions in which an NRI/Foreign National can be a director in Public Limited Company?

It is true that a Foreign National or NRI can also be a shareholder or director in a public limited company, for which he must fulfill the basic requirement to possess the DIN issued by MCA along being a sensible person of any society.

What are the Post Incorporation Compliance for Public Limited Company?

Some of the compliances which must be adhered by a Public limited company are: