Public Limited Company

A public Limited company is a company that has limited liability & unlike the private limited company, the shares are offered to the general public. It is registered under the Companies Act, 2013. For incorporation, a minimum of 7 shareholders & 3 directors is required. The directors can also be shareholders.

It has all the advantages of a private limited company. The shareholders in a public limited company can transfer their shares with great ease. The liabilities of the members are limited. It is compulsory to add ‘limited’ after their name.

Why Public Limited Company?

SEPARATE LEGAL ENTITY	A Public limited company is considered as a separate legal entity for the law. Accordingly, it can hold property in its name, sue & be sued, borrow in its name, etc.
LIMITED LIABILITY	The members are considered separate from the company. So, they are not liable for the creditors of the company.
IMPROVES CAPITAL	Since, the shares can be issued to the general public, anyone can invest in a public limited company & the capital of the company gets improved.
PREFERENCE BY INVESTORS	It is preferred by investors as it is a well structured & transparent business structure.
SPREAD OUT RISK	Since the shares are issued to the public, the risk in the market is spread out.
TRANSFER OF SHARES	In a public limited company, it is very easy to exit by just handing over the shares along with the duly signed share transfer forms.
LARGE INVESTMENT	It is a preferable business structure for a large amount of investment.
EXPANSION	Due to less risk, there is a perfect opportunity for growing & expanding the business by investing in new projects, the money raised through shares.

Public Limited Company Registration Process

Obtaining DSC and DIN

Digital Signature Certificate(DSC) and Director Identification Number(DIN) is required for the proposed Directors of the Private Limited Company which is necessary to file the company registration documents. For this, you will only need to provide a few scanned documents and details; our representatives will fill the form and submit it online. DIN and DSC can be obtained for the proposed Directors within 1 to 2 days.

Name Approval

A minimum of one and a maximum of six proposed names must be submitted to the MCA. Subject to availability, naming guidelines and MCA processing time, Name Approval can be obtained in 2 to 3 working days.

Drafting MOA and AOA Electronically

It takes 2 to 3 days to draft MOA and AOA Electronically in Spice MOA (INC-33) and Spice AOA (INC-34).

Company Registration

After drafting the e-MOA and e-AOA, the incorporation Spice Form INC-32 is submitted along with link form Spice MOA (INC-33) and Spice AOA (INC-34) to the MCA. MCA will usually approve the application for incorporation in 5 to 7 days, subject to their processing time.

Documents required

1. Copy of PAN Card of directors

2. Passport size photograph of directors

3. Copy of Aadhaar Card/ Voter identity card

4. Copy of Rent agreement (If rented property)

5. Electricity/ Water bill (Business Place)

6. Copy of Property papers (If owned property)

7. Landlord NOC (Format will be provided)

Frequently Asked Questions

Is Public Limited Incorporation to be renewed every year?

Once the company is formed, it will be valid until it is officially closed down by the owners. No renewal is required. However, every year companies have to file very basic returns with ROC office.

What is the maximum limit of members in a public limited company?

There is no maximum limit for the number of shareholders in a public limited company.

Can the office address of the company be changed after the Incorporation?

Yes, the office address can be changed anytime after incorporation.

What are the Liabilities of Public Limited Company?

Since public money is involved it has to undertake strict compliances. Apart from the regular compliances related to income tax, there are many periodic and annual compliances to be made by a public limited company with ROC/MCA, SEBI, RBI, etc. These regulatory liabilities are in addition to securing and promoting steadily the profits and welfare of all shareholders of the public limited company.

Whether an NRI/Foreign National can be a director in Public Limited Company?

Yes, an NRI or Foreign National can also be a shareholder or director in a public limited company of India.

Whether a salaried person can become director of a Company?

Yes, a salaried person can become a director of the company.

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