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Public Limited Company Incorporation

Need help with registering your public limited company in India? Contact Certifications Bay for expert guidance and a streamlined registration process. Our action-oriented firm can assist you with all the necessary steps and ensure a quick and efficient registration.

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How much it cost to Register Business in India?

The cost of establishing a business in the India varies significantly, depending on a range of factors, such as:

  • Type of business
  • Location
  • Specific licensing requirements

Offering all-inclusive business setup services in India, we understand these complexities and offers a comprehensive cost calculator. This tool provides a transparent estimation of all expenses involved in setting up your business in India. With CertificationsBay’s cost calculator, you can strategically plan your investment, making the journey toward business establishment more transparent and manageable.

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What is a Public Limited Company?

Under the Companies Act, 2013, a Public Limited Company is a business entity that provides its shares to the general public, while maintaining limited liability. The company can issue its stock through private or public trading.

To establish a Public Limited Company, a minimum of three directors, seven shareholders, and a maximum of fifty directors are required, with a minimum paid-up capital of Rs. 5 lakhs.

A Public Limited Company enjoys similar benefits as a private limited company, such as transparency, easy access to loans, government tenders, and ease of share transfer. However, registration is a crucial step that requires compliance with strict regulations.

At Certifications Bay, we offer an integrated approach to help you navigate the complexities of registering a Public Limited Company in India. Our team of experienced consultants and resources are equipped with up-to-date information to ensure timely completion of your registration, making the process hassle-free.

Advantages of A Public Limited Company

Limited Liability

One of the most valuable attributes of a public limited company is its limited liability feature, which ensures that its members are not held responsible for the company’s debts. Essentially, the members of the company are not required to use their personal assets to pay off any of the company’s losses or debts beyond the amount of their invested capital.

Spread the Risk

Being a public limited company, it offers shares to a significant portion of the general public, which aids in spreading unsystematic risk. As a result, shareholders are less fearful of shouldering the risk on their own.

Increased Capital and Improved Opportunities

As previously stated, a public limited company offers a significant number of its shares to the general public, making it possible for anyone to invest in the company. This creates an opportunity to raise more capital.

Furthermore, when a public limited company is listed on a stock market, it opens up more and better business opportunities for the company to expand and diversify.

Ready Availability of Loans

A public limited company can easily obtain loans without much difficulty, which may be challenging for a private limited company. Moreover, if the public limited company is registered under the prescribed provisions, obtaining loans from financial institutions and banks becomes more feasible.

Requirements for Registering a Public Limited Company

In order to incorporate a public limited company, a minimum of seven shareholders is required.

  • A minimum of three directors is required to form a public limited company.
  • Directors will be required to have a Digital Identification Number (DIN).
  • During the submission of self-attested copies to the authorities, at least one director will be required to have a Digital Signature Certificate (DSC).
  • A minimum share capital of Rs. 5 lakhs is required.
  • An application for the selection of the company’s name will be required.
  • An application specifying the main object clause of the company will be required.

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List of Documents Needed for Registering a Public Limited Company.

  • Identity proof of both shareholders and directors will be required.
  • The PAN number of each shareholder and director.
  • Address proof of both shareholders and directors.
  • DIN and DSC of directors.
  • A utility bill of the registered office, not older than 2 months.
  • If necessary, a No Objection Certificate (NOC) from the office owner.
  • Memorandum of Association (MoA) and Articles of Association (AoA).

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What is the difference between the Public limited Company and Private Limited Company?

There are various points of differences between both these companies. Here are some chief differences between both

Point of difference

Public Limited Company

Private Limited Company

Members

Minimum: 7

Maximum: No Limit

Minimum: 2

Maximum: 200

Directors

Minimum: 3

Minimum: 2

Public invitations

Yes

No

Minimum Capital Income

No

No

Issuance of Prospectus

Required

Not Required

Name differences

Must have “Limited” at the end of its name

Must have PVT LTD at the end of its name

Mandatory Statutory Meeting

Yes

No

Managerial Remunerations

There are no as such restrictions

Cannot exceed the limit of 11/% of the net profit

Stock Exchange

Is listed on stock exchange and stock trade is carried out publicly.

Not listed on stock exchange neither carry out stock trade publicly.

Public Limited Company Incorporation Process: A Step-by-Step Guide

Registering a Public Limited Company (PLC) involves several steps. Here’s a breakdown of the process:

1. Obtain Director Identification Number (DIN) and Digital Signature Certificate (DSC):

  • Every director needs a DIN, which is a unique identification number.
  • All directors also require a DSC for digital signing of documents.
  • The Ministry of Corporate Affairs (MCA) offers a streamlined process to apply for both through the SPICe form.

2. Check Company Name Availability:

  • Verify if your chosen company name is available on the MCA website.
  • The name shouldn’t resemble existing trademarks or company names.
  • Choosing a unique name helps avoid registration delays.

3. Submit SPICe+ Form:

  • Once the name is approved, file the SPICe+ form with the MCA.
  • This form helps obtain a Certificate of Incorporation (COI).
  • The SPICe+ form includes documents like the Memorandum of Association (MoA) and Articles of Association (AoA).

4. Receive Certificate of Incorporation (COI):

  • Upon approval of incorporation documents, the MCA issues a COI.
  • The COI includes the company’s Corporate Identification Number (CIN) and incorporation date.
  • This signifies your company’s official registration with the Registrar of Companies (ROC).

5. Obtain Permanent Account Number (PAN) and Tax Deduction Account Number (TAN):

  • After receiving the COI, a PAN and TAN application is filed with the MCA.
  • PAN is a unique tax ID for the company.
  • TAN allows the company to deduct tax at source (TDS).

6. Open a Bank Account:

  • With the PAN card and COI, the company can open a bank account.
  • This account will be used for all company-related financial transactions.

By following these steps, you can successfully register your Public Limited Company.

Our Team will help you prepare the required documents. Documents requirements varies depending on business model. Contact our team for guidance.

FAQs on Public Limited Company Incorporation in India:

What is a Public Limited Company (PLC) in India?

A PLC is a legal business structure with limited liability for its shareholders. It can raise capital from the public by issuing shares on stock exchanges.

Do I need a lawyer to incorporate a PLC?

Consulting a lawyer can be helpful to navigate the legalities, ensure proper compliance, and draft essential documents like the MOA and AOA.

What is the difference between PLC and Ltd?

A public limited company (PLC) is a business that has shareholders as owners and directors as managers. Stocks are available for public purchase, and the majority distribute dividends once or twice a year. A private limited company (Ltd) is restricted to a maximum of fifty shareholders and does not have its shares publicly traded.

Can a Ltd be a PLC?

If a specific resolution to that effect is approved, certain requirements are satisfied, and an application for re-registration is submitted to the registrar of companies together with other Documents, a private limited company may be re-registered as a public company.

What are the consequences of non-compliance for a PLC?

Failure to comply with regulations can result in penalties, director disqualification, and reputational damage. Serious non-compliance can even lead to the winding up of the company.

Can a PLC be converted into a Private Limited Company?

Yes, under certain conditions and by following a specific process outlined by the Companies Act, a PLC can be converted into a PTC.

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