Overview
Public Limited Company Registration
A Public Limited Company (PLC) in India is a preferred business structure for large companies aiming to raise significant capital from the public through the issuance of shares or debentures. Governed by the Companies Act, 2013, this structure allows the company to be publicly listed, with shares freely transferable among shareholders. Public Limited Companies enjoy a separate legal status, which means they can own assets, incur liabilities, and enter contracts independently of their owners. With higher credibility due to strict regulatory oversight, this entity attracts investors, facilitates expansion, and enhances the company's market reputation. However, it requires stringent compliance to maintain transparency and protect shareholders.
Why Registration is Important
- Capital Raising : Provides access to substantial funds by issuing shares to the public.
- Enhanced Credibility : Instills investor confidence due to structured governance and transparency.
- Perpetual Succession : Ensures the company continues to exist independently of ownership changes.
- Growth Opportunities : Facilitates large-scale operations and market expansion.
- Limited Liability : Protects shareholder assets, limiting liability to the extent of unpaid
Documents Required
To register a Private Limited Company in India, the following documents are generally required:
For Indian Nationals
For Foreign Nationals
Procedures
The process to incorporate a Public Limited Company Instead of Private Ltd co involves the following steps:
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DSC
Obtain Digital Signature Certificate
All directors must obtain a DSC, which is used to sign documents electronically.
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DIN
Obtain Director Identification Number
Apply for DIN for all proposed directors by submitting the required documents.
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Name Reservation
Name Reservation
File the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) Part A form to reserve a unique name for the company.
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Incorporation Forms
Filing of Incorporation Forms
Complete SPICe+ Part B for company incorporation, including details of the company's directors, shareholders, and registered office.
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MOA & AOA
Drafting of MOA and AOA
The Memorandum of Association (MOA) and Articles of Association (AOA) outline the company’s objectives, rules, and regulations. These documents must be drafted and submitted.
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Certificate of Incorporation
Obtain Certificate of Incorporation
Once all the documents are verified, the Registrar of Companies (ROC) issues the Certificate of Incorporation.
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PAN & TAN
PAN and TAN Application
The company automatically gets its PAN and TAN along with the Certificate of Incorporation.
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Listing
Apply for Listing (If Going Public):
If the company plans to offer shares to the public, it must comply with the Securities and Exchange Board of India (SEBI) regulations and list its shares on a recognized stock exchange.
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Open Bank Account
Open Bank Account
Set up a corporate bank account to initiate business transactions.
Features
Features & Benefits of Public Limited Company Registration
The company operates independently of its shareholders.
Shareholders' liability is limited to the unpaid amount on their shares.
The company’s existence is not affected by changes in shareholding.
There is no cap on the number of shareholders.
Can raise capital from the public through shares, debentures, etc.
Public Limited Company In India
High, with strict regulatory norms and governance standards.
Mandatory disclosure of financial statements and regular audits.
Higher credibility and trust from the public and financial institutions.
Mandatory appointment of independent directors and adherence to governance practices.
Transferability of Shares
Shares can be freely transferred by shareholders, providing liquidity and ease of investment exit. This facilitates trading in the stock market, making it more attractive for potential investors.
Comparison between Public Limited Company, Private Limited Company And One Person Company
Features |
Public Limited Company |
Private Limited Company |
One Person Company (OPC) |
Legal Status |
Separate Legal Entity |
Separate Legal Entity |
Separate Legal Entity |
Liability |
Limited to shares |
LLimited to shares |
Limited to shares |
Number of Owners |
Minimum 7 shareholders, No maximum |
2-200 shareholders |
Only 1 shareholder |
Share Transferability |
Freely transferable |
Restricted |
Not applicable |
Compliance Requirements |
High (Public Issue) |
Moderate (Private Placement) |
Limited |
Compliance Requirements |
Very High |
High |
Moderate |
Corporate Governance |
Stringent |
Less stringent |
Not applicable |
Audit Requirement |
Mandatory |
Mandatory |
Conditional |
Public Trust |
High |
Moderate |
Limited |
Frequently Asked Questions
What is the minimum number of directors required for a Public Limited Company?
A Public Limited Company must have a minimum of three directors.
Can a Public Limited Company be converted into a Private Limited Company?
Yes, a Public Limited Company can be converted into a Private Limited Company by following the legal procedure outlined by the Companies Act, 2013.
Is it mandatory for a Public Limited Company to list on the stock exchange?
No, it is not mandatory. A Public Limited Company can be unlisted. However, if it plans to raise capital from the public, it must be listed.
What are the annual compliance requirements for a Public Limited Company?
Public Limited Companies must file annual returns, financial statements, and conduct annual general meetings. They must also comply with SEBI regulations if they are listed.
Can a Public Limited Company issue preference shares?
Yes, a Public Limited Company can issue both equity and preference shares.
How does a Public Limited Company raise capital?
A Public Limited Company can raise capital through public offerings, rights issues, debentures, and other instruments.