Public Limited Company

Public Limited Company

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Public limited company formation is almost similar to a private limited company except minimum requirement of  directors and members are 3 and 7 respectively.

A limited company grants limited liability to its owners and management. Being a public company allows a firm to sell shares to investors this is beneficial in raising capital

Entrepreuner prefer to incorporate Public Limited company becasue of its many advantages, for example –

  • Can raise fund by issue of share to public.
  • Option to get listed in recognised stock exchanges in India and issue IPO
  • Shares are freely transferable without any restriction
  • There is no limitations of no. of member/shareholders

But, a Public limited company has to do few additional ROC compliances and core compliances with Stock exchange and SEBI, if it is listed. Hence the Compliance cost is higher as compare to a Private limited company.

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Features of a Private Limited Company (PLC)

  1. Minimum 3 Directors & Maximum 15.
  2.  No limitation for number of Members/shareholders
  3.  Can raise fund from public by issuing share subject to compliance of other provisions of the Act
  4.  All the Public companies to use the word limited after its name
  5.  Prospectus– Prospectus is a detailed statement of the company affairs which is issued by a company for its public. Thus, in the case of Public limited company, there is a need to issue a prospectus. However, in case of Private limited Companies, public
  6.  All other features of a Private Limited Company Shall apply here as well.

Documents Requirement for Public Limited Company

Identity and Address Proof

imagePhotographs of all Proposed Shareholders & Directors

imagePAN card Copy of all Proposed Shareholders & Directors

image ID Proof – Driving License / Voter ID / Passport (anyone) of all Proposed Shareholders & Directors

image Address Proof – Bank Statement / Telephone or Mobile or Electricity Bill (not more than 30 days old) of all Proposed Shareholders & Directors

image Email ID and Mobile Numbers of all Proposed Shareholders & Directors

image Aadhar card ( Optional )

 

Registered Office Proof

imageScanned copy of the latest bank statement/telephone or mobile bill/electricity or gas bill

imageScanned copy of notarised rental agreement in English

image Scanned copy of no-objection certificate from the property owner
imageScanned copy of sale deed/property deed in English (in case of owned property)

Professional Fees

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After Company incorporation, you will receive below documents 

  • Company Certificate of Incorporation
  • Memorandum of Association & Article of Association (MOA & AOA)
  • PAN Card and TAN Allotment
  • EPF & ESI Registration
  • Digital Signatures (Class 2)
  • Directors Identification Number (DIN)
  • Assist in Bank A/c Opening
  • Professional Tax Registration ( in Maharastra Only)
  • GST Registration (Optional)
  • Documentation & Finalise Name First we collect documents and then send you few papers for your signature on email. Then we collect scan copy of Signed Papers from you on email. Side by side we finalise 2 proposed name of company #We can complete this in day 1
  • DSC apply Meanwhile we apply for Digital Signatures of all directors/shareholders. #We can complete this in day 1
  • Incorporation Filing In day 2 we file Incorporation form with ROC. All Forms certified by CA or CS or CMA.
  • Company Approved Generally ROC approve incorporation application in 1-2 days. Once your application approved, you will get certificate, PAN, TAN etc.

Pre-requisite for Company Incorporation

  • Proposed Company name must be unique. The suggested name should not match or identical with any existing companies or trademarks in India. # We help here to choose name.
  • All Proposed Directors must have Active DIN
  • Digital Signature for proposed Directors/Shareholders
  • Decide Paid-up Share Capital and share % between Shareholders
  • Decide Authorised Share Capital. ROC Fee & Stamp duty based on Authorised Capital. Low Capital – Less Govt Fee.
  • Decide Company Registration State and Office address
  • Decide Bank Authorised Signatory and Bank name to open your account (ICICI, BOb, Kotak, PNB)
 

What are the various Compliances you need to do post incorporation of a Public Limited Company

Apart from other statutory compliances like GST, InCome Tax, etc., A Public limited company must comply below without any delay.

  • File Commencement of Business (COB) e-form INC 20A within 180 days of incorporation. 
  • Appointment of an Statutory Auditor ( Practicing Chartered accountant) for Auditing Books of accounts and issue audited Annual Financial Statement.
  • Filling of ROC Annual Forms 
  • Filing of Director e-KYC

IF the Company is listed in recognosed stock exchange, then need to company listing agreement provisions, and all other compliances of SEBI, Stock Echanges, and ROC.

Why you may need Public Limited Company?

Easy to Raise Capital
Raising capital is much easier for a public limited company through public subscription as well as stock market (if listed)
 
Lower risk
 As the number of shareholders is quite large, the risk borne by each shareholder is considerably low.
 
Limited Liability
Directors and Shareholders have no personal liabilities. Limited Liability protects the personal wealth of the shareholders and directors therefore owners will never lose more that they have invested.
 
Brand Recognition
A public company can get its shares listed in a stock exchange therefore; people will be able to easily and quickly recognize the brand or name of the company. The more brand recognition a company has, the more business it will have.
 
Democratic Management
Management of the company is not confined to few persons. Shareholders have powers to elect and remove directors and they can exercise control over management in general meetings of the company.
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