Public Ltd Company

Public Ltd Company

Public Limited is eligible to raise capital not only from its promoters, relatives, investors but also from the public at large by offering its shares for sale in open market. The shares of a public limited are freely tradeable and can be listed on a recognized stock exchange for real-time sale-purchase. Shares of public company can be acquired by anyone, either privately through initial public offering (IPO) or via trading on the stock market. Since all the information relating to company are available in the public database, it is easy to authenticate the existence of the business which helps in improving credibility of public company. A Public Limited Company is stringently regulated and is required to publish its true financial wellness to its shareholders and are usually constituted to generate capital from external sources, i.e. the general public for starting a business, business expansion, technological advancement, global expansion, etc.

The board of the Public company comprises of a minimum number of three directors and a maximum of 15. Public limited companies are headed by a board of directors and Key Managerial Personnel of the Company. Composition of the board of directors is set out in the company's articles of association and the applicable rules and regulations. Shareholder liability for the losses of the company is limited to their share contribution only. This is what makes it a separate legal entity from its shareholders. The Public Limited Company can be sued on its own and not does not involve its shareholders. Public limited companies are required by law to publish their complete financial statements annually. This ensures that they reveal their true financial position to their owners and to potential investors so that they can determine the true worth of its shares. A public limited company has many advantages over Private Limited Company and the ability to have any number of members, ease in transfer of shareholding and more transparency makes it popular amongst foreign investors.

What are the Different Types of Public Limited Companies in India? Public limited companies can be divided into two main types:

  1. Listed Company A listed public limited company has its shares available for trading on one or more stock exchanges. This means that anyone, including the public and financial institutions, can buy and sell its shares. This type of company benefits from greater liquidity and access to a wider range of investors.
  2. Unlisted Company An unlisted public limited company does not have its shares traded on stock exchanges. As a result, its shares are less easily transferable, and it faces fewer regulatory requirements. This type of company may be ideal for businesses that want to attract a broader group of shareholders without dealing with the complexities of being publicly traded.

Benefits of Public Limited Company Registration in India The following the benefits of Public Limited Company Registration in India:

  1. Limited Liability - One of the best features of Public Limited Company registration is that the liability of the person who invests money into the business (also known as shareholders) will be limited to the amount invested by then which also means that personal property of the promoters will remain safe and secure. This limited liability builds confidence of businessmen to fulfil their dream of having their own Company.
  2. Separate Legal Entity - The separate legal entity feature gives your company to keep yourself and the company at length in liabilities recognizing its own separate identity. In the eyes of law, Company and its Representatives are different personalities and Company can sue and be sued on its own name without the name of its shareholders or directors.
  3. Perpetual Succession - This is what makes the registered company different from proprietorship or partnership firms where on the death of proprietor/ partners, the firm ceases to exist but in case of registered company, even the death of all directors/shareholders cannot stop the company to exist.
  4. Easy Exit and Transferability - During the lifetime of the Company, if all or any of the shareholders wish to exit from the company, they can do so by simply transferring their shares. It is very easy to transfer shares to other person by way of share transfer arrangements. This gives shareholders the freedom to take informed decision whether to continue or not at any given point of time.
  5. Owning Property - Company being a legal person can own property on its own name through its Legal Representative. The Property includes Intellectual Property (IPR) such as Trademark, Copyright, Patent and Design too. Company can also mortgage property the same way as a natural person to banks or any other financial institution.
  6. Borrowing Capacity - Company being a Legal Person, when there comes a requirement to borrow capital or funds, it can be done through various modes of borrowing. Some of them could be Private Equity/ Angel Investor/Venture Capitalist/Short-term capital from Directors or their Relatives and Debts through Banks or FIIs.
  7. Investment Ready - Any Investor who is looking to make investment generally prefers Limited Company than any other business structure. This is what makes a Limited Company investment ready. Public Limited Companies enjoy an increased ability to raise capital since they can issue shares to the public through the stock market. They can also raise additional capital by issuing debentures and bonds through the same market from the public. Debentures and bonds are in the form of secured or unsecured debts issued to a company on the strength of its integrity and financial performance by the general public or its members etc.

Requirements for Online Public Company Registration in India Here are the requirements to form a Public Limited Company (PLC): Minimum Shareholders - To start a public limited company, you need at least seven shareholders. There's no maximum limit on the number of shareholders. Board of Directors - You must have a minimum of three directors. Each director should have a valid Director Identification Number (DIN). Authorized Share Capital - The company must have a minimum authorized share capital of ?1 lakh to meet initial registration requirements. Digital Signature Certificate (DSC) - Since the registration involves electronic document submission, at least one director must have a Digital Signature Certificate to sign the documents. Company Name - The proposed name for the company must be unique and comply with the Companies Act and Rules, ensuring it's not already in use. Other Documents - You'll need to prepare key documents like the Memorandum of Association (MOA) and Articles of Association (AOA). Additionally, you must fill out Form DIR-12 to register the directors' details.

Documents Required to Form a Public Limited Company in India Public Limited Company is registered under the Companies Act. 2013 and regulated by the Ministry of Corporate Affairs (MCA) with its extended hand called Registrar of Companies of the respective states where the company will have its registered office address. To register your business Registration Centre (MCA), Public Limited Company, there certain set of documents required to begin with the registration procedure of Public Limited Company under the regime of Central Registration Centre (MCA). Identity Proof - Identity Proof is required for all the proposed shareholders and directors, Identity Proof will be PAN Card copy in case of Indian Nationals and apostilled/notarized copy of Passport for Foreign Nationals. All Documents must be self-attested. Address Proof - Two Address Proofs are required for proposed shareholders and directors. One is Driving License/Passport/ Voter ID and Second is Bank Statement/Electricity Bill/ Mobile Bill/ Telephone Bill. Contact Details - Mobile Number and E-mail ID are required for all the proposed directors. It is to be noted that the Mobile Number and E-mail ID to be provided shall belong to the directors only and not of any professional closed relatives too. Further, one email address of Company is also required. Educational Qualification - Educational Qualification of the proposed directors is to be provided. It is not required to provide the proof for the educational qualification. The CRC (MCA) does not ask for its copies to be attached with the incorporation documents. Registered Office - A recent copy of the Electricity bill/ Gas bill/ Mobile/ Telephone bill is required. A rental agreement or lease/sale deed along with NOC from the landlord with his/her consent to use the office as a registered office is also required. Rent Agreement would not be required if the place is in the name of any of the directors. Draft Documents for SPICE+ - Finally, based on the above documents provided we prepare the drafts documents as per the company law which are required to be submitted to CRC (MCA). At CCL, we make it simple with our experience and knowledge of regular Company Registration for you. You are not required to visit any place and we will complete the company registration procedure at the comfort of your home as the process is completely online. Note: In addition to the above documents, you need to share with us the desirable company name and we will check its availability. Scope of the company, proposed share capital, place of business, profit sharing ratio are some of the basic information we do require from your end.

Online Procedure for Public Limited Company Registration in India The following is the step-by-step process for registering a public Limited Company (PLC) in India: Step 1: Get Digital Signature Certificates (DSC) for all proposed directors and shareholders Step 2: Apply for Director Identification Number (DIN) all directors Step 3: Check Company Name Availability Step 4: File SPICE+ Form Step 5: Receive Certificate of Incorporation Step 6: Apply for PAN and TAN Step 7: Open a Company Bank Account Step 8: Additional Steps. Depending on your business type, you may need further approvals or registrations, like GST Registration or industry-specific licenses.

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