Overview of Public Limited Company Registration
Public limited companies enjoy all the rights of a corporate entity with limited liabilities and it is an ideal choice for the small and medium scale enterprises who wish to raise the equity capital from the general public. Below we are going to provide full knowledge of the features, procedure and document requirement for Public Company Registration.
Basic Clarification on Incorporation of Public Limited Company
Just like other companies, Public Limited Company is also registered as per the rules and regulations of the Companies Act, 2013. A public Company enjoys the benefits of limited liabilities for its members and has rights to sell its shares for raising the capital of the company. It can be incorporated with a minimum number of three directors and has more stringent rules and regulations as compared to a Pvt. Ltd. Company.
It must have a minimum number of seven members whereas there is no limit for the maximum number of members. It provides all the benefits of a private limited company along with more transparency and easy transferability of ownership and shareholding. Name, shares, formation, number of members, management and directors, etc differentiates any Public limited company from the private limited companies.
Documents Required for Public Limited Company Registration
An applicant has to collect all these documents to file along with the incorporation application:
- Identity Proof such as Aadhar card, PAN card, Driving License, Voter Id of all the designated directors and shareholders.
- Address Proof of all the proposed directors and shareholder of the company.
- PAN card details of all the directors and shareholders
- Utility bill such as telephone, gas, water or electricity bill of the registered office as a residential proof of the business place. It should not be older than 2 months.
- An NOC or No Objection Certificate from the landlord of the business place.
- DSC or Digital Signature Certificate of the designated directors
- Memorandum of Association (MOA) and Article of Association (AOA)
Features of Public Limited Company Registration
Here are some important features of Public Limited Company:
- Number Of Directors In The Company :
As stated in the provisions of Companies Act, a public company must have a minimum number of 3 directors to incorporate a company whereas there is no restriction on the maximum number of directors. - Name Of The Company
All the Public limited companies must add “Limited” word at the end of their name. it is denoted as an identity of a public company. - Prospectus Of The Company
Prospectus of the company is mandatory for the public limited companies. It is issued by the proposed company for its general public. It is a note of comprehensive statements of works and affairs of the company. However private companies have no such compliances as they don’t have rights to invite the public for their shares. - Paid-Up Capital
As per the requirements of the act, no minimum capital required for the registration.
Benefits of Public Limited Company Registration
Here are the benefits provided to the company with Public Limited company registration :
- Limited Liabilities For The Shareholders Of The Company
Shareholders of the public company enjoy the benefits of limited liabilities under which their assets are safe and cannot be used to clear the debts and losses of the company. Despite of it, the shareholders are responsible for their own legal offenses. All the members, directors and shareholders enjoy this right and their assets cannot be seized by any bank, creditors or government bodies. - Perpetual Succession
A public limited company is considered as a corporate body that has perpetual succession. Means in case of death, retirement, insanity, and insolvency of one or more members/ shareholder/ directors, the company still continue its existence. - Improved Capital Of The Company
In a public limited company, the general public is invited to buy the shares of the company. Hence, anyone can invest in a public company that improves the capital of the proposed company. - Borrowing Capacity
A public company can enjoy unlimited sources for borrowing funds. It can issue equity, debentures and can accept the deposits from the general public by selling its shares. Moreover, most of the financial institutions find public companies more prominent than other unregistered companies. - Fewer Risks
Since public companies can sell their shares to the public, it lesser the scope of unsystematic risks of the market. - Better Opportunities For Growth And Expansion Of The Company:
Fewer risks lead to better opportunities so that the company can grow and expand by investing in new projects from the funds raised by selling its shares in the market.
Requirements for the Public Company Registration
According to the provisions of Companies Act, 2013 here are the requirements you need to fulfill to incorporate a Public company in India:
- The proposed company must have a minimum number of 7 shareholders
- The proposed company must have a minimum number of 3 directors
- No minimum capital required
- At least one director should have a Digital Signature Certificate
- Memorandum of Association and Article of Association.
- After approval from Registrar of the Companies, the proposed public company has to apply for the “Certificate of Business Commencement.”