Features of Public Limited Company
1. Limited Liability
Shareholder liability for company losses is limited to their contributions only.
2. Perpetual Succession
The company’s existence is unaffected by changes in ownership.
3. Listing on Stock Exchange
Public companies can be listed on stock exchanges and raise funds through public issues.
4. Transferable Shares
Shares can be freely transferred between members and non-members.
5. Disclosure & Transparency
Public companies must adhere to stringent disclosure requirements; financials are publicly accessible.
6. Minimum Directors & Shareholders
A minimum of 3 directors and 7 shareholders is required, with no cap on the maximum number of shareholders.
Why Choose a Public Limited Company?
1. Unlimited Members
There is no limit on the number of members in a public limited company.
2. Limited Liability
Directors’ liability is limited to their shareholdings, even with unlimited members.
3. More Transparency
Public limited companies operate with greater transparency, separating management from ownership.
4. Property Rights
The company can own property in its name, protecting it from individual shareholder claims.
Public Limited Company Incorporation Process
- Step 1: Upload required documents & information to our web portal.
- Step 2: Choose a package and pay online using various payment modes.
- Step 3: Apply for Digital Signature and Director Identification Number for proposed directors.
- Step 4: Check company name availability and apply for name approval.
- Step 5: Prepare the Memorandum of Association (MoA), Articles of Association (AoA), and other necessary documents.
- Step 6: File incorporation documents and obtain the Certificate of Incorporation, PAN, and TAN.
Advantages of Public Limited Company Registration in India
- Easy Fundraising: Public limited companies can issue shares to the public, facilitating rapid expansion and growth.
- Business Continuity: The company remains intact despite the death or departure of shareholders or directors.
- Better Corporate Governance: Subject to strict regulations, ensuring accountability.
- Transferability of Shares: Shares can be easily bought or sold on the stock exchange, enhancing liquidity for shareholders.
- Tax Benefits: Public limited companies can avail various tax benefits, advantageous for both the company and its shareholders.
Annual Compliance Requirements for Public Limited Companies
Listed Public Limited Companies
No. | Compliance | Details | Form | Section | Deadline |
---|---|---|---|---|---|
1 | Annual General Meeting (AGM) | Conduct AGM in compliance with the Companies Act | MGT-15 | Section 121(1) of the Companies Act, 2013 | Within 30 days of incorporation |
2 | Financial Statements | Prepare and file financial statements, including balance sheet, etc. | AOC-4 | Section 137 of the Companies Act | Within 30 days of AGM |
3 | Annual Return | File information about directors and shareholders | MGT-7 | Section 92 of the Companies Act | Within 60 days of AGM |
4 | Financial & Directors Report | Adopt financial and directors reports | MGT-14 | Section 173 along with Secretarial Standards 1 | Within 30 days from board meeting |
5 | Income Tax Returns | File income tax returns with the Tax Department | ITR-6 | — | On or before September 30th |
6 | Secretarial Audit Report | Submit report if paid-up capital >= Rs. 50 crore | MR-3 | Section 204 of Companies Act | Before auditor appointment |
7 | SEBI Compliance | Comply with SEBI regulations, including Listing Regulations of 2015 | — | Listing Regulations of 2015, SEBI | — |
Unlisted Public Limited Companies
S.No | Compliance | Particulars of Compliance | Form No. | Section and Rules | Due Dates |
---|---|---|---|---|---|
1 | Board Meeting | Conduct at least four meetings a year | N/A | Section 173 of the Companies Act | At least 4 meetings a year |
2 | Appointment of Cost Auditor | Issue letter of appointment and inform the government | CRA-2 | Section 148(3) along with Rules | 30 days of board meeting or 180 days of FY |
3 | Return of Deposits | File return of deposits with ROC | DPT-3 | Rule 16 of Companies (Acceptance of Deposit) Rules, 2014 | 30th June every year |
4 | Appointment of CEO/CFO/CS | Appoint and file necessary forms | MGT-14, DIR-12 | Section 203 and Rules | 30 days of AGM or within 6 months for casual vacancy |
5 | Annual General Meeting | Conduct AGM for declaration of dividends | N/A | Section 96 of the Companies Act | Within 9 months of financial year end |
6 | Special Resolution | File special resolution passed at AGM | N/A | Section 117 of the Companies Act | Within 30 days of passing resolution |
7 | CSR Committee | Hold meetings and approve CSR activities | N/A | Section 135 of Companies Act | At least 4 board meetings per year |
8 | Director’s Disclosure | Directors disclose financial interests | MBP-1 | Section 184(1) of Companies Act | After appointment in first meeting |
Difference Between Public Limited Company and Private Limited Company
S.No | Feature | Private Limited Company | Public Limited Company |
---|---|---|---|
1 | Share Trading | Shares cannot be traded on the stock exchange | Shares can be traded on the stock market |
2 | Maximum Shareholders | Maximum of 200 shareholders | No limit on the number of shareholders |
3 | Minimum Shareholders | Minimum of 2 shareholders | Minimum of 7 shareholders |
4 | Legal Requirements | Fewer legal requirements | More legal requirements |
5 | Minimum Share Capital | Minimum share capital of Rs. 1 Lakh | Minimum share capital of Rs. 5 Lakh |