A public company means a company that, Is not a private company and has a minimum paid-up Capital Required for incorporating a public limited company is NIL. As per the Companies (Amendment) Act 2015, the minimum capital required has been omitted.
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Definition of a public company is given under sec 2(71). A public company is a company which is not a private company.it has minimum number of member as 7 and there is no as such limit on maximum number of members. Usually public company invites subscription from public to subscribe its share capital. As per sec 149 , A public company should have at least 3 directors however as per sebi(lodr) regulation 2015 the board of directors with effect from April 1 ,2019 shall comprise of not less than 6 directors in top 1000 listed entity and with effect from 1 april 2020 shall comprise of not less than 6 directors in top 2000 listed company.
Public Limited Company is a type of Company with the following features:
➲ Is not a private company
➲ Has minimum paid-up Capital Required for incorporating a public limited company is NIL. As per the Companies (Amendment) Act 2015, the minimum capital required has been omitted.
➲ Has a minimum of 3 directors
➲ Has a minimum of 7 shareholders
Provided that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary company continues to be a private company in its articles
It is a form of business which is came into existence through companies act. It is a form of business having separate legal entity from its promoter just like other forms of company. The main advantage of Public limited form of company is that it can raise capital from the public, it can transfer its share from one person to another, and there is more opportunity of growth and expansion under this form of company and many more.
Minimum Legal requirements for incorporating a Public Limited Company:
For incorporating Public Limited form of a company there are certain minimum legal requirements:
➲ Minimum Capital Requirements:
The Minimum paid-up Capital Required for incorporating a public limited company is NIL. As per the Companies (Amendment) Act 2015, the minimum capital required has been omitted.
➲ Minimum number of Directors:
A public limited company can be incorporated with a minimum of 3 directors and a maximum of 15 directors.
➲ Minimum Shareholders/Members
A public limited company can be incorporated with a minimum of 7 Shareholders or members. However, there is no upper limit for the number of shareholders in a public limited Company..
Public Limited Company form of business is an easy and simple way to get into the corporate world and it is an easy way for a good start-up. It offers the benefit of limited liability to its members whereas a possibility of issuing shares to the public, which is not the case in a private limited company. This form of the company allows you to raise money from the public, you can allot or transfer the shares to the public. It also offers fewer restrictions in terms of transferability of shares as compared to A private limited Company.
➲ Shares are freely transferable and no one’s consent is required for such transfer.
➲The liability of the shareholder(s) is limited to face value of their respective shares
➲ Day to day activities of the Company are not undertaken by the shareholders
➲ Can raise capital from the public
➲ Mandatory Documents
➲ ID proof of proposed Directors and members (any one of the following):
➲ Address proof of proposed shareholders and directors (any one of the following):
➲ Address proof for the principal place of business of the proposed company (any one of the following)
First step in incorporating a company is for reserving the name of proposed company in part-A of SPICe Plus (SPICe+) form. In this form choose your business activity and file for two proposed name, if CRC will reject the proposed name then file again with two new name within the certain time limit from the date of rejection (15 days) .
Next step is to apply for DSC (Digital Signature Certificate) which will be used for signing the forms by proposed directors and proposed members respectively. Procure DSC for both proposed directors and member, if both are different.
Once, your name get reserved under it will be valid for 20 days from the date of approval, within 20 days you have to fill up the form and upload it online.SPICe+ is advance form combination of 8 forms in one. Through this proposed company can apply for at once:
Next step is to fill the part-B of SPICe + which will contain all the detail related to incorporating company like number total number of directors and members, Authorized share capital, paid up capital, number of share hold by members, company registered address detail, directors and member detail and will required attachments for proof. Then draft the MOA (memorandum of association) and AOA (Article of Association) of proposed company, then fill form required for EPFO and ESIC registration with detail, then Fill the AGILE form for procuring GSTIN. After filling all these attach the signature and then upload it on MCA website.
|
Particulars |
Private |
Public |
|
Definition |
As per companies act 2013 Private company mean company incorporated under company’s act 2013 having paid-up share capital as may be prescribed, and which by its articles, —
|
A company which is not a private company |
|
Minimum Capital |
No minimum capital required |
5 Lakh |
|
Minimum Shareholders/members |
Two |
Seven |
|
Minimum numbers of directors |
Two |
Three |
|
Transferability |
Members can not transfer shares to general public |
Can transfer shares to general public |
|
Maximum numbers of members |
200 |
Unlimited |
|
Listing of shares |
Cannot list |
Can list |
Q. What is a public limited company?
A. A company that is not a private company is called a public limited company, which can transfer its share easily and can invite the public for investment.
Q. Pre-requisite for a public limited company?
A. -Must have paid-up capital of minimum 5 lakhs
-Must have a minimum of 3 directors
-Must have a minimum of 7 subscribers/shareholder
Q. Benefits of a public limited company?
-Transferability of shares.
-Can invite general public for investment
-The liability of members is limited
Q. Documents required for incorporating a company?
A. ID proof of proposed Directors and members:
i. PAN card (Mandatory)
ii. Aadhar card (Mandatory)
iii. Photograph of the proposed director (mandatory)
iv. Passport or Voter’s ID or Driving License
B. Address proof of proposed members and directors (any one of the following):
i. Telephone bill
ii. Mobile Bill
iii. Bank statement
iv. Electricity bill
C. Address proof for the principal place of business of the proposed company (any one of the following)
i. Utility bill like telephone bill, electricity bill, gas bill, water bill
ii. Rent agreement with rent slip
iii. Proof of ownership
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PARTNERSHIP As per section 4 of the partnership act 1932, the partnership is the relationship between persons who have shared the profits of business carried on by all or any of them acting for all. The one who have entered into partnership with another
An alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership is known as a limited liability Partnership (LLP).
Start your business journey with Corpzo's efficient Private Limited Company Registration. Experience seamless incorporation and join our network of successful businesses.
One Person company means company incorporated under the company’s act 2013 having only one person as a member. It is a new form of business which is came into existence through the companies act in the year 2013. It is a form of business having a separa
A public company means a company that, Is not a private company and has a minimum paid-up Capital Required for incorporating a public limited company is NIL. As per the Companies (Amendment) Act 2015, the minimum capital required has been omitted.
A producer company is a corporate body regulated by the provisions of Chapter IXA (Sections 581A to 581ZL) of the Companies Act, 1956 (CA, 2013 has no clear provision concerning producer companies and thus Chapter IXA of the Companies Act, 1956
BRANCH office is set up in India by a foreign company to conduct the Branch operation for its business. The foreign company may have any revenue from the Indian branch office only from the activity permitted by the Indian Reserve Bank.
A Liaison Office (LO) serves as a representative office formed specifically for exploring and understanding the business and investment climate. A Liaison Office (also known as the Representative Office) can only undertake specified liaison activities.
A "Project Office" (PO) is an establishment where a foreign company conducting a project in India can conduct business. A company only wants to be present in India for a short while, setting up a project office is the best option.
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Working with Corpzo for our Alternative Investment Fund registration was a remarkable experience. Their deep understanding of regulatory requirements and meticulous attention to detail ensured a smooth and efficient process. The team was always available to address our queries and provided invaluable support at every step. With Corpzo's expertise, we successfully registered our AIF without any hurdles. Highly recommended for anyone navigating the complexities of AIF registration!
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