The Public limited company in India is a voluntary association of members which has a separate legal existence and the liability of whose members is limited. A Public Limited Company can either be an unlisted Company or listed Company on the Stock Exchange. Public Limited company also enjoys wide options to raise funds through bank loans, the general public, and Institutional investors.
A public limited company has many advantages over Private Limited Company and the ability to have any number of members, ease in transfer of shareholding and more transparency makes it popular amongst foreign investors. If you are planning to raise funds from the public through Initial Public Offer (IPO) then Start your business by incorporating Public Limited Company.
A public limited company is usually established to generate capital from external sources, i.e. the general public for starting a business, business expansion, technological advancement, global expansion, etc.
But a PLC is suitable to the large organizations which have a comprehensive perspective and higher growth possibilities, rather than a small shop located next door.
Shares offered by a public Ltd. Co. are easily transferable to any other person, such that it merely requires filing and signing of share transfer form to transfer the shares.
A Public Ltd. Co. is the highest corporate structure to start with.
In Public Limited Company shareholders have a claim to part of the company’s assets and profits.
Public Limited Company can have any number of members.
Shares are easily transferable in Public Limited Company.
7 Digital Signature Certificates
3 Director Identification Numbers
Name Approval
Stamp duty on INR 1 Lakh Authorized Capital
Company Incorporation using SPICe+
Copy of e-MOA & e-AOA
e-PAN
e-TAN
7 e-copies of Share Certificates
ESIC Registration through SPICe Plus
PF Registration through SPICe Plus
Bank Account opening (feature) through SPICe Plus
7 Digital Signature Certificates
3 Director Identification Numbers
Name Approval
Stamp duty on INR 1 Lakh Authorized Capital
Company Incorporation using SPICe+
Copy of e-MOA & e-AOA
e-PAN
e-TAN
7 e-copies of Share Certificates
ESIC Registration through SPICe Plus
PF Registration through SPICe Plus
Bank Account opening (feature) through SPICe Plus
MSME Registration
GST Registration
GST Return filing for 3 months
5 DIR 3 e-KYC of 5 Directors
INC 20A
7 Digital Signature Certificates
3 Director Identification Numbers
Name Approval
Stamp duty on INR 1 Lakh Authorized Capital
Company Incorporation using SPICe+
Copy of e-MOA & e-AOA
e-PAN
e-TAN
7 e-copies of Share Certificates
ESIC Registration through SPICe Plus
PF Registration through SPICe Plus
Bank Account opening (feature) through SPICe Plus
MSME Registration
GST Registration
GST Return filing for 6 months
5 DIR 3 e-KYC of 5 Directors
INC 20A
Form ADT 1 (Auditor Appointment in AGM)
Free Book Keeping and Tax Consultancy
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Here are the benefits provided to the company with Public Limited company registration
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.
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.
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.
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.
Since public companies can sell their shares to the public, it lesser the scope of unsystematic risks of the market.
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.
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)
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. |
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.”
It is easy to start a Public Limited Company, provided one follows a well laid out plan formulated by legal experts. Tax Robo's team of robust and professional lawyers have curated a step by step method to form a public company. In case the process sounds too cumbersome, Tax Robo is always there to assist you.
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In order to open a Public Company, One must have 3 directors, 7 shareholders and a capital of Rs. 5 lacs ready before moving ahead. It is also required to have an office which will act as the registered office of the company. It needs to be registered with the Registrar of Companies (ROC) under whose jurisdiction the office location falls.
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DSC (Digital Signature Certificate) is a person's credentials such as his name, the country he belongs to, Address, PIN code, E-mail ID stored in an electronic format. A DIN (Director's Identification Number) is an 8-digit unique identification number, which is allotted by the Central Government to each individual who wants to be a director of any company or who already is a director of any company. As per the rules laid by Ministry of Corporate Affairs and stated in the companies act, 2013, it is mandatory for directors of a company to have both DSC and DIN before applying to form a Public Limited Company.
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It is essential to have a company name and to get it registered before applying for incorporation. This application is filed in the RUN (Reserve Unique Name) form of the Ministry of Corporate Affairs. A preferred list of names should be provided, in case a chosen name is not available.
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Memorandum of Association (MOA) is a document that contains all the fundamental data which are required for the company incorporation. It usually contains information such as name of the company, registered office address, aims and objective of the company, information about shareholders & share capital etc. Articles of Association (AOA) is a document containing all the rules and regulations that govern the company. It contains information about distribution of shares among members, voting rights, procedure to elect chairman, dissolution processes etc. Thankfully, one can now file these documents online, from the comforts of their home and office. For electronic AoA, the form is INC-32 & for electronic MoA, the form is INC-33.
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Once all is done, The Registrar of Companies (ROC) examines your documents and if everything is okay, the registration is completed and you are issued a Certificate of Incorporation (COI) and Corporate Index Number (CIN) of your new Public Limited Company.
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As much as you'd like it, you cannot begin operations of your newly found PLC without a Certificate of Commencement of Business.