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Public Limited Company
Public Limited Companies are those types of companies where minimum number of members is 7 and no restriction on maximum number. A public limited company has the limited liability of members. Being a public limited company, it allows to sell shares to investors, which is beneficial in capital raising.
It has all the advantages of partnership namely flexibility, greater capital combination of different and diversified abilities, etc., and at the same time it has advantages of limited liability, greatest stability and legal entity. Public Limited company also enjoys wide options to raise funds through bank loans, the general public, and Institutional investors.
ComplianceIndia can be your legal and professional partner in India to help you understand how to register Public Limited Company in India quickly and cost-effectively.
Advantages of Public Limited Company
Shareholders Limited Liability
Separate Legal Identity
Easy to raise funds and loans
Most credible
Listing in Stock Exchange
Scope for expansion
Ideal for companies intending to float IPO
Easy Transferability of Shares
Eligibility to form a Public Limited Company
– Minimum Three (03) directors
– Minimum Seven (07) Shareholders and Maximum no limit. Shareholders can be either different from Directors or same.
– Unique Name is required.
– Minimum Authorised Capital of Rs. 5,00,000/-
How we Work?
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Packages
Consultation Charges
Nil
Complete assistance by Experts or Professionals indicating Process, Documents required, Benefits, Tax compliance, Legal Compliance, etc.
Start-up Plan
Rs. 11,999/-
- – Registration of your Public Limited Company with MCA
- – Company MOA and AOA
- – Allotment of DIN of Directors (upto 3)
- – PAN and TAN Registration
- – Expert advice from Experts/ Legal Professionals
Basic Plans
Rs. 19,999/-
- – Registration of your Public Limited Company with MCA
- – Company MOA and AOA
- – Allotment of DIN of Directors (upto 3)
- – PAN and TAN Registration
- – GST Registration
- – Board Minutes of First year on Incorporation
- – Legal Drafting of consent letter and Appointment of First Auditor
- – Expert advice from Experts/ Legal Professionals
Advance Plan
Rs. 24,999/-
- – Registration of your Public Limited Company with MCA
- – Company MOA and AOA
- – Allotment of DIN of Directors (upto 3)
- – PAN and TAN Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Board Minutes of First year on Incorporation
- – Legal Drafting of documents
- – Appointment of First Auditor
- – DIR-3 KYC filing for one year
- – MCA Annual Filing of Form AOC-4/ AOC-4 XBRL and MGT-7 for first year
- – Expert advice from Experts/ Legal Professionals
Ultimate Plan
From Rs. 29,999/-
- – Registration of your Public Limited Company with MCA
- – Trademark Application
- – Company MOA and AOA
- – Allotment of DIN of Directors (upto 3)
- – PAN and TAN Registration
- – GST Registration
- – Current Account Opening in your nearest Branch
- – Board Minutes of First year on Incorporation
- – Legal Drafting of documents
- – Appointment of First Auditor
- – DIR-3 KYC filing for one year
- – MCA Annual Filing of Form AOC-4/ AOC-4 XBRL and MGT-7 for first year
- – Income Tax Return filing of Company and 3 Directors
- – Financial Statements preparation
- – GST Return filing for 12 months
- – Expert advice from Experts/ Legal Professionals
Documents Required for Public Limited Company Registration
Note – In case of Foreign Nationals or NRIs, all documents need to be notarised and apostilled from the Country where the Foreign Nationals or NRI is presently residing or by the Indian Embassy in the Country where such person is presently residing.
Comparison with other forms of Business
Form of Business | Public Limited Company | Private Limited Company | One Person Company |
Act | Companies Act, 2013 | Companies Act, 2013 | Companies Act, 2013 |
Registration Requirement | Mandatory | Mandatory | Mandatory |
Minimum Number of members | 7 | 2 | Only 1 |
Maximum Number of Members | No Limit | 200 | – |
Number of Directors/Partners | Minimum 3 – Maximum – No Limit | 2 – 15 | 1 – 15 |
Separate Legal Entity | Yes | Yes | Yes |
Liability Protection | Limited | Limited | Limited |
Public Invitations | Yes | No | No |
Issue of Prospectus | Required | Not Required | Not Required |
IPO / FPO | Yes | No | No |
Statutory Audit | Mandatory | Mandatory | Mandatory |
Listing in Stock Exchange | Allowed | Not Allowed | Not Allowed |
Ownership Transfer ability | Yes | Restricted | No |
Uninterrupted Existence | Yes | Yes | Yes |
Foreign Participation | Allowed | Allowed | Not Allowed |
Tax Rates | High | Moderate | Moderate |
Statutory Compliance | High | High | Moderate |
GET STARTED | KNOW MORE | KNOW MORE |
Frequently Asked Questions
1. How many people are required to incorporate a Limited Company?
To incorporate a Limited Company, a minimum of seven people are required. A Limited Company must have a minimum of three Directors and seven shareholders.
2. What are the requirements to be a Director?
The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in a Indian Private Limited Company.
3. What is the capital required to start a Limited Company?
You can start a Limited Company with any amount of capital. However, fee must be paid to the Government for issuing a minimum of shares worth Rs.5 lakhs [Authorized Capital Fee] during the incorporation of the Company. There is no requirement to show proof of capital invested during the incorporation process.
4. Is an office required for starting a Limited Company?
An address in India where the registered office of the Company will be situated is required. The premises can be a commercial/ industrial/ residential where communication from the MCA will be received.
5. How many persons are required to incorporate a public limited company?
A Public Limited Company must have a minimum of three Directors and seven shareholders.
6. Do I have to be present in person to incorporate a Limited Company?
No, you will not have to be present at our office or appear at any office for the incorporation of a Limited Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.
7. What are the documents required for incorporation?
Identity proof and address proof is mandatory for all the proposed Directors of the Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof.
8. What do I need to quickly incorporate my Company?
To incorporate a Company quickly, make sure the proposed name of the Limited Company is very unique. Names that are similar to an existing private limited company / limited liability partnership / trademark can be rejected and additional time will be required for resubmission of names.
9. How long is the incorporation of the Company valid for?
Once a Company is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of upto 20 years.
10. What is a Digital Signature Certificate?
A Digital Signature establishes the identity of the sender or signee electronically while filing documents through the Internet. The Ministry of Corporate Affairs (MCA) mandates that the Directors sign some of the application documents using their Digital Signature. Hence, a Digital Signature is required for all Directors of a proposed Company.
11. What is Director Identification Number (DIN)?
Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.
12. What is authorized capital fee?
Authorized capital of a Company is the amount of shares a company can issue to it shareholders. Companies have to pay the Government an authorized capital fee to issue shares in a Company. Companies have to pay authorized capital fee for a minimum of Rs.5 lakhs.
13. What are the statutory compliances required for a Limited Company?
A limited company must hold a Board Meeting atleast once in every 3 months. In addition to the Board Meetings, an Annual General Meeting must be conducted by the Public Limited Company, atleast once every year.
14. Can NRIs / Foreign Nationals be a Director in a Limited Company?
Yes, a NRI or Foreign National can be a Director in a Limited Company after obtaining Director Identification Number. However, atleast one Director on the Board of Directors must be a Resident India.
15. Can NRIs / Foreigners hold shares of a Limited Company?
Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Limited Company subject to Foreign Direct Investment (FDI) Guidelines.
16. What are FDI Guidelines for Foreigners in a Limited Company?
100% Foreign Direct Investment is allowed in India in many of the industries under the Automatic Route. Under the Automatic Route, only a post-investment filing is necessary with the RBI indicating the nature of investment made. There are a few industries that require prior approval from the RBI, in such cases, approval must first be obtained from RBI prior to investment.
17. Can a Public Limited Company in India raise its capital from the Stock Market?
Definitely! A Public Limited company can enroll itself in several stock exchanges in India and raise its capital from the stock market itself.
18. What are the Liabilities of Public Limited Company?
As a public limited company deals with public money, it has to make rather heavy compliances strictly, which are bulkier than those performed by a private limited company. Apart from the regular compliances related with 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.
19. Can a startup be registered as a Public Limited Company?
No, the public limited company is not eligible to start up
20. How can a subsidiary of a Foreign Company be incorporated as a Public Limited Company in India?
In case of wholly owned subsidiary, a copy of the Board resolution of Holding Company approving the investment in the proposed Indian Company and authorizing a person to sign the incorporation papers on behalf of the company, duly attested by the officer of the Indian Embassy in the foreign country where the registered office is situated is also required to be attached with the papers.
21. Does the director of a Public Limited Company have any obligations to pay off the creditors of the company?
No, being a limited liability entity, the liability of a member of a company is limited to the face value of the shares the member owns. Upon payment of the whole of the face value, he has no obligation to contribute anything to pay off the creditors of the company.
22. Can a shareholder of company involve in business and management of a Company?
The shareholders of a company do not have the right to participate in the day-to-day management of the business of a company. This ensures separation of ownership from management.
23. Can we change the Registered Office of the Company?
Yes, we can easily change the registered office of the company any time after the specified procedure is completed. The changed address can be situated within the same state or in a different state, depending upon the conditions.
24. How long will it take to incorporate a Company?
ComplianceIndia can incorporate a Public Limited Company in 12-15 working days. The time taken for incorporation will depend on submission of relevant documents by the client and speed of Government Approvals. To ensure speedy incorporation, please choose a unique name for your Company and ensure you have all the required documents prior to starting the incorporation process.
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₹2,999/-
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