Public Limited Company Registration

Overview of Public Limited Company Registration

Registering a public limited company in India is the best option for business owners planning large-scale activities. No maximum number of shareholders or members can form a Public Limited Company in India, yet there is a minimal need for seven members.

In India, a public limited company has all the benefits and rights of a corporate body and the benefits of limited liability. When a public limited company wants to lift money from the general public, it lists it on the stock exchange. As a result, to establish a Public Limited Company, Public Limited Companies must adhere to numerous government rules.

The Regulation Relating To Public Limited Company Registration

A Public Limited Company is registered by the Companies Act of 2013’s rules and regulations. The advantages of limited liability are available to members of limited companies registered in India, and these companies are also allowed to make money from the general public by giving shares.

However, compared to a private limited company, the regulations and rules of a public limited company are stricter and more restrictive. However, creating a public limited company is preferable because it offers the benefits of a private limited company with features like simple transferability and share ownership.

Benefits of Public Limited Company Registration

• Easy To Transfer Shares: The Indian Contract Act of 1872 says that shares are legal papers that can transfer. These instruments can be easily movable under the Companies Act of 2013, with a few compliance requirements. However, listing shares on a stock exchange simplifies moving them from one party to another.

• Rise In The Capacity To Borrow: Publicly traded corporations have a quality reputation in the eyes of the law when it comes to borrowing money from banks and other financial institutions. Being a public corporation would have the extra benefit of giving the business recognition.

• Separate Legal Body: The shareholders (members) and directors of a public limited company benefit from the idea of a separate legal entity. It indicates the directors’ and members’ liability is strictly capped at a particular sum. If the public corporation owes any obligations, creditors may not contact the members.

• Shares Can Be Recorded On The Stock Exchange: A public company’s shares may be recorded on a stock exchange. However, the public Company must comply when listing its shares on a stock exchange. The public Company might raise secondary financing using this approach. Therefore, a potential applicant must consider those mentioned above when registering a public limited corporation.

• Numerous Financing Sources: A public limited business can lift money from individuals and financial organizations. However, equity shareholding, preferential shareholding, or debentures may be used to raise money.

• Limited Liability: A Public Limited Company provides limited liability shielding to its stockholders. In the event of an unanticipated responsibility, the same would only apply to the corporation and have no bearing on the shareholders.

• Growth Prospects: Given the organization’s substantial financial base and open-constrained structure, there is much growth potential.

• Management: The Board of Directors is in charge of the Company. The investors choose this Board of Directors.

Requirement for the Public Limited Company Registration

The Companies Act of 2013 stipulates several laws and regulations for creating a public limited company. What to consider when forming a public limited corporation is listed below:

• A public limited company must have a minimum of 7 shareholders.
• Developing a public limited corporation requires a minimum of three directors.
• When submitting self-attested copies of address verification and identity, any of the directors’ digital signature certificates (DSC) is required.
• A DIN is required for the proposed Company’s directors.
• According to the Company Act and Rules, the company name must comply.
• A Memorandum of Association (MOA), Articles of Association (AOA), and correctly filled out Form DIR–12.
• It is necessary to pay the ROC the prescribed registration fees.

Documents Required in Public Limited Company Registration

• All directors and stockholders must provide identification proof.
• Proof of residence for each shareholder and Director.
• All shareholders’ and directors’ PAN numbers.
• The utility bill for the proposed office would be the Company’s proposed registered office.
• A NOC (No Objection Certificate) signed by the landlord of the space intended for the Company’s office.
• Each Director’s Director Identification Number (DIN).
• Directors’ Digital Signature Certificate (DSC).
• Association Memorandum (MOA).
• Articles of Association (AOA).

Process of Getting Public Limited Company Registration

• Complete the Form: Online delivery of the public limited business registration application form is required. It needs to be done through the relevant MCA portal. All supporting documentation must also be presented.

• Application for a DSC and DIN: The applicant must then apply for a Digital Signature Certificate and Director Identification Number. For processing those electronic documents, the digital signature certificate would guarantee authenticity. In addition, the DSC supports using electronic signatures by the act’s condition. The Company might hire at least several directors to fulfill the essentials of a public limited company by applying for a DIN.

• Name of the Company Verification: The Ministry of Corporate Affairs (MCA) specifications examine and validate the company name in this phase. The company name cannot be replaceable. However, there must be no violations of Indian intellectual property law in the Company name.

• SPICe Form Submission: When the relevant authorities have approved the public limited Company’s name, the applicant will register the SPICe form to get the certificate of incorporation. The DIN number will also be provided to the Company’s directors when the applicant gives the SPICe form.

• Document Submission: After completing the abovementioned stages, the applicant must submit all the needed documentation to the MCA. The memorandum of association and the articles of organization are among the documents that must be registered with the proper authorities. The business must also involve supporting paperwork, such as its long-term goals, objectives, and mission statement.

• The Company Constitution: The Registrar of Companies and MCA will provide the public limited Company’s establishment certificate. It is only provided after substantiating the criteria of procedures. This certificate stood as a proof-of-status legal document for the public limited Company.

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