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Public Limited Company Registration in India
Public Limited Company Registration is an important step for any business looking to scale its operations and gain the trust of the public and investors. This comprehensive guide will walk you through the Public Limited Company Registration process, the benefits of registering as a public limited company, the required documents, and the associated fees. We’ll also discuss the procedure for incorporation and how you can complete the Public Limited Company Registration online.
What is a Public Limited Company?
A Public Limited Company (PLC) is a company that has limited liability and offers shares to the general public. The shares of a public limited company can be freely traded on the stock exchange, providing the company with the opportunity to raise capital from the public. Public Limited Company Registration is crucial for businesses that plan to expand and attract investment from a broad base of shareholders.
Benefits of Public Limited Company Registration
1. Access to Capital
One of the primary benefits of Public Limited Company Registration is the ability to raise capital by issuing shares to the public. This allows the company to secure substantial funds for expansion and growth.
2. Limited Liability
In a Public Limited Company, the liability of shareholders is limited to the amount they have invested in shares. This protects personal assets from being used to cover company debts and liabilities.
3. Enhanced Credibility
Public Limited Company Registration enhances the credibility and trustworthiness of the business. It signifies stability and adherence to regulatory standards, making it more attractive to investors and stakeholders.
4. Transferability of Shares
Shares of a public limited company can be freely transferred, providing liquidity to shareholders. This flexibility makes it easier to buy and sell shares on the stock exchange.
5. Perpetual Succession
A Public Limited Company has perpetual succession, meaning it continues to exist even if the shareholders or directors change. This ensures the company’s continuity and long-term stability.
Documents Required for Public Limited Company Registration
To complete the Public Limited Company Registration, you need to gather several important documents. The documents required for Public Limited Company Registration include:
- Identity Proof of Directors and Shareholders:
- PAN Card
- Passport (in case of foreign nationals)
- Address Proof of Directors and Shareholders:
- Aadhar Card
- Voter ID
- Driving License
- Passport
- Residential Proof of Directors and Shareholders:
- Bank Statement
- Electricity Bill
- Telephone Bill
- Registered Office Proof:
- Rent Agreement (if rented)
- Sale Deed (if owned)
- Utility Bill (not older than 2 months)
- Director Identification Number (DIN)
- Digital Signature Certificate (DSC)
- Memorandum of Association (MOA)
- Articles of Association (AOA)
Public Limited Company Registration Fees
The Public Limited Company Registration Fees can vary depending on several factors, including the authorized share capital and professional fees. Generally, the fees include:
- Government Fees: This is based on the authorized share capital of the company.
- Professional Fees: These are fees charged by professionals for services such as document preparation, filing, and consultancy.
- Stamp Duty: This varies from state to state and is based on the authorized share capital.
Procedure for Incorporation of Public Limited Company
The procedure for incorporation of a Public Limited Company involves several steps. Here is a detailed guide to the Procedure for Registration of Public Limited Company:
Step 1: Obtain Digital Signature Certificate (DSC)
The first step in the Public Limited Company Registration process is to obtain a Digital Signature Certificate for the proposed directors. The DSC is essential for filing electronic documents with the Ministry of Corporate Affairs (MCA).
Step 2: Obtain Director Identification Number (DIN)
Next, you need to apply for a Director Identification Number for all proposed directors. The DIN can be obtained by filing Form DIR-3 with the MCA.
Step 3: Name Approval
Choose a unique name for your Public Limited Company and submit it for approval using the RUN (Reserve Unique Name) form on the MCA portal. Ensure the name complies with the naming guidelines provided by the MCA.
Step 4: Prepare MOA and AOA
Prepare the Memorandum of Association (MOA) and Articles of Association (AOA). These documents outline the company’s objectives, rules, and regulations.
Step 5: File Incorporation Documents
File the incorporation documents, including the MOA, AOA, and other required documents, with the Registrar of Companies (ROC). This is done using Form SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus).
Step 6: Payment of Fees
Pay the required government fees, stamp duty, and professional fees for the Public Limited Company Registration.
Step 7: Certificate of Incorporation
Once the ROC verifies and approves the documents, a Certificate of Incorporation is issued. This marks the official incorporation of the Public Limited Company.
Public Limited Company Registration Online
With advancements in technology, Public Limited Company Registration can now be completed online. The online process is efficient and convenient, allowing businesses to register without the need for physical paperwork. Here are the steps to complete the Public Limited Company Registration online:
- Visit the MCA Portal: Access the Ministry of Corporate Affairs (MCA) portal and create an account.
- Obtain DSC and DIN: Apply for Digital Signature Certificates and Director Identification Numbers online.
- Name Approval: Submit the RUN form for name approval online.
- Upload Documents: Upload all required documents, including the MOA, AOA, identity proofs, and address proofs.
- File Forms: File the incorporation forms (SPICe+) online.
- Pay Fees: Pay the Public Limited Company Registration Fees online.
- Receive Incorporation Certificate: Once the ROC verifies the documents, the Certificate of Incorporation will be issued online.
Upon successful registration of a Public Limited Company in India, you will receive the following crucial documents:
Primary Certificates
- Certificate of Incorporation: This is the official document certifying the birth of your company. It contains details like the company name, registration number, date of incorporation, etc.
- PAN Card: A Permanent Account Number (PAN) is essential for tax purposes. It identifies the company for tax-related transactions.
- TAN (Tax Deduction Account Number): If your company is liable to deduct tax at source, you will receive a TAN.
Supporting Documents
- Memorandum of Association (MoA): This document outlines the company’s objectives and powers.
- Articles of Association (AoA): This document defines the internal management structure and regulations of the company.
Additional Documents (Optional)
- Digital Signature Certificates (DSC): While not directly issued after registration, DSCs are crucial for filing documents with the Ministry of Corporate Affairs (MCA).
- Director Identification Number (DIN): Similar to DSCs, DINs are required for directors but are obtained before company registration.
Note: These are the primary documents you’ll receive. Depending on specific business activities or regulatory requirements, additional licenses or permits might be necessary.
Conclusion
Public Limited Company Registration is a crucial step for any business aiming for growth, credibility, and access to capital. Understanding the Public Limited Company Registration process, the required documents, and the associated fees is essential for a smooth registration experience. By following the steps outlined in this guide, you can ensure a hassle-free incorporation of your Public Limited Company.
Summary of Public Limited Company Registration
Public Limited Company Registration: The overall process of registering a public limited company.
Public Limited Company Set Up: The initial setup process required for establishing a public limited company.
Public Limited Company Registration Fees: The fees associated with registering a public limited company.
Documents For Public Limited Company: The documents required for setting up a public limited company.
Documents Required For Public Limited Company Registration: Specific documents needed for the registration process.
Documents Required To Register A Public Limited Company: Detailed documentation requirements for registration.
Incorporation Of A Public Limited Company: The formal process of legally forming a public limited company.
Procedure For Incorporation Of Public Limited Company: Step-by-step guide to incorporating a public limited company.
Procedure For Registration Of Public Limited Company: Detailed procedure for registering a public limited company.
Public Limited Company Registration Online: The online process for registering a public limited company.
Public Limited Company Registration Process: Comprehensive process of registering a public limited company.
By ensuring a proper understanding and adherence to these guidelines and requirements, businesses can effectively navigate the Public Limited Company Registration process, leverage its benefits, and achieve their growth objectives.
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FAQ (Frequently Asked Questions)
What is a Private Limited Company?
A Private Limited Company (Pvt Ltd) is a type of business structure in India that offers limited liability to its shareholders but restricts the number of shareholders to 200. It is privately held and cannot trade its shares publicly. This structure is ideal for small to medium-sized businesses looking for flexibility, limited liability, and a more formal corporate structure.
Can a Private Limited Company be converted into a Public Limited Company?
Yes, by passing a special resolution, altering the MOA and AOA, filing forms with the RoC, increasing directors to a minimum of 3 (including independent directors), and complying with regulatory requirements.
What is Public Limited Company Registration?
Public Limited Company Registration is the process of legally incorporating a company that can offer its shares to the general public and is traded on the stock exchange, providing limited liability to its shareholders.
What is the minimum limit for a Public Limited Company?
The minimum requirements are:
3 Directors
7 Shareholders
Authorized capital of at least ₹5,00,000