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Public Limited Company Registration
The Companies Act 1956, has provided a structural framework for all the companies in India. As per the rules and regulations every company has to be registered and classified based on its structure.
One such major classification of companies is Public Limited Companies. According to the Companies Act 2013, a Public Limited Company is a company that has limited liability and offers shares to the general public. The stocks of the company can be acquired by anyone, either privately through (IPO) initial public offering or via trades on the stock market.
Number of Directors: As per the Companies Act 2013, a public limited company registration requires a minimum of 3 directors and the maximum limit is 15 directors.
Shares & Investment: A public limited company requires at least 7 shareholders and a minimum capital investment of ₹5 lakhs.
Liability: In a public limited company, the business is managed by the directors and owned by the shareholders. So, a public limited company has to be more open about its business to the public as it's liable to shareholders who can be any of the public. Shareholders have limited liability to the extent of their investment.
Company's Name: The company has to add the word "Limited" as a suffix after the company's name.
Prospectus by the Company: The company must issue a prospectus for the public to read. The primary aim is to raise the company's capital however prospectus should display the company's work & regular affairs.
Benefits Of Public Limited Company Registration
Companies Act, 2013 has mandated the registration of public limited companies in India with the Registrar of Companies (ROC). This makes it possible for people to check or access the details of any registered public limited on the MCA (Ministry of Corporate affairs) website http://www.mca.gov.in/. Even the details of directors and annual reports of the company are shown on the website. This creates transparency for people investing in companies or even dealing with companies.
Documents Required for Public Limited Company Registration
Identity proof of the directors and shareholders
Valid address proof of the directors and shareholders
Utility bills such as water, telephone, gas, or electricity bill of the registered office
A NOC (No Objection Certificate) by the landlord if the office is rented space
Director Identification Number (DIN) of the directors
Digital Signature Certificate (DSC) of the directors
Memorandum of Association (MOA)
Articles of Association (AOA)
Process for a Public Limited Company Registration
Once the legal requirements of the company such as the number of directors, shareholders, and minimum capital investment are fulfilled you can initiate the public limited company registration process.
The procedure for registration of public limited company in India is given below:
Step 1: Applying for DSC
The three directors who are going to be involved in the registration process need to produce a Digital Signature Certificate (DSC) for signing the application forms digitally. So, the first step for them is to obtain a DSC through a certified authority. This involves submitting an application form, attaching ID proofs, and video verification.
Anyone involved in submitting forms for the company needs to have a DSC. However, it is not essential for all of them to obtain it before company registration.
Instead of doing each step by yourself, you can get the entire public limited company registration procedure done easily with the help of the Wellcorp Office.
Step 2: Applying for DIN
The directors of the company need to obtain a Director Identification Number (DIN) from the MCA portal. It is mandatory for every director of the company to have one.
However, the 3 directors responsible for the registration can get a DIN through the application process itself.
Step 3: Reserving the company's name
Before applying for incorporation, you need to reserve a name for your company. You need to ensure that the proposed name shouldn’t violate the Emblems and Names Act, 1950 or be similar/identical to the name of any existing company or trademark.
A maximum of six proposed names can be submitted through the SPICEe+ form or RUN form in order of preference. The company's name should have the suffix "Limited" after its name.
Step 4: Registration through SPICe+ form
Once the company's name has got approval from RoC, the application for registration can be filled up in the SPICe+ form. This form requires submission of all documents such as Memorandum of Association (MOA) & Articles of association (AOA).
Step 5: Certificate of Incorporation
After the verification of all documents, the RoC registers the company and gives a Certificate of Incorporation to the company which can be considered as a green flag. There is one more step after this.
Step 6: Certificate of commencement
Finally, the company should apply for a certificate of commencement in Form INC-20A within 180 days of receiving the Certificate of Incorporation. Apart from that you also need PAN (Permanent Account Number) and TAN (Tax Deduction Account Number) in the name of the company. This will be applied as a part of the process itself.
Once you have the certificate of incorporation, certificate of commencement, PAN and TAN, you are all set to commence your business operations.
The process for public limited company registration can be completed between 10-15 days including all documentation. Provided all the applications and documents are submitted promptly without any errors and the government approval happens on time.
The registration fee varies based on the capital and members involved. You can get an estimate of the fee by checking this table of fees available in the Company Rules, 2014.
A public limited company is accountable to the public, shareholders, investors, etc. Therefore, a list of annual compliances has to be carried out with the Registrar of Companies and the Ministry of Corporate Affairs.
These are the basic compliances for a listed company. There are another set of compliances if the company is unlisted or if there are certain contingencies.
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