Procedure for obtaining Public Limited Company registration 

What is the procedure for obtaining Public Limited Company Registration? 

Step 1: It is necessary to meet all the legal requirements such as Number of Directors, Number of shareholders, minimum paid-up share capital have been fulfilled. The further steps of registration will be completed only if this step is complete.

Step 2: The next step is to obtain the DSC and DIN for the directors of the Company. Only a natural person can be a director not any individual or entities like the LLPs or Financial institutions. It is not necessary for the Director to be the shareholder of the Company.

Step 3: To be recognized as a registered office it is necessary to have a proper address of the Company. The Registered office address has to be registered with the Registrar of Company under whose jurisdiction the office falls. This office address is to be entered correctly as all the correspondence related to business will be made to the registered office address. The registration fee will be dependent on the authorized capital of the company.

Step 4: Before the procedure of registration, the name of the Company has to be approved by the ROC. For a Public Limited Company, the name must end with the word “Limited”. This application will be filed in the RUN form of the Ministry of Corporate Affairs. It is better to provide a list of names in the order of preference, in case a particular name is not available.

Step 5: Once the name of the Company has been approved the crucial documents of the Company that is the MoA and the AoA need to be executed.

Step 6: Once the documents are prepared they need to be submitted to the ROC for verification.

Step 7: Once the verification is done the ROC registers the company and issue the incorporation certificate along with the CIN of the Company.

Step 8: The business cannot be started immediately after receiving the COI. The business has to apply for a certificate of commencement within 180 days of the COI stating that all the subscribers have paid the subscription money.

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    Documents required for Public Limited Company Registration

    A Public Company needs seven shareholders to incorporate. Public company incorporation requires three directors. At least one director needs a Digital Signature Certificate (DSC) to sign digitally. All proposed company directors must get a DIN (Director Identification Number). Submit a main Object Clause application

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    • Aadhaar card of 3 Directors and 4 Shareholders
    • Passport size photo of 3 Directors and 4 Shareholders
    • Bank statement of 3 Directors and 4 Shareholders
    • Utility bill of the office premises
    • Pan card of 3 Directors and 4 Shareholders

    Requirements for registering a Public Limited Company 

    Some various rules and regulations are prescribed under the Companies Act,2013 for the formation of a Public Limited Company in Inia. Here is a checklist one should know of while registering a Public Limited Company: 

    • A minimum 7 shareholders are required to form a Public Limited Company. 
    • A minimum of 3 Directors is required to form a Public Limited Company. 
    • A minimum share capital of Rs.5 lakh is required. 
    • DSC of one of the Directors is needed when the self-attested identity copies and address proof are submitted.
    • DIN for the Directors is necessary. 
    • Application is to be made for the selection of the Name of the Company. 
    • An application that comprises the main object clause of the company is made. This object clause will define the main objectives of a Company after the incorporation. 
    • The application is submitted to the ROC along with the necessary documents like MOA, AOA, a duly fille form DIR-12, Form INC 7, and Form INC -22 is needed. 
    • Payment of the registration fees that are prescribed by the ROC. 
    • Once the ROC has approved the company should apply for the business commencement certificate. 

    Benefits of registering a Public Limited Company in India 

    What are the benefits of registering a Public Limited Company? 

    Here are the advantages of registering as a Public Limited Company: 

    • Separate Legal entity: A public limited Company is considered to be a separate legal entity from the shareholders. The public limited company has a perpetual existence and can have its PAN, bank account, approvals, contracts, licenses, assets, and liabilities. 
    • Multiple avenues of funding: A public limited company raises funds from individuals as well as from financial institutions. The funds may be also raised in equity shareholding, preference shareholding, or debentures. 
    • Easy transferability of shares: It is one of the biggest advantages of a Public Limited Company, the shares can be easily transferred by a shareholder to other legal entities- be it an individual or an organization in India or abroad. The director of the company can also be changed for ensuring the business perpetuity. 
    • Limited Liability: The shareholders of a Public Limited Company are given limited liability protection. In a situation of unexpected liability, the same would be limited only to the company and the not affect the shareholders in any way. 
    • Growth opportunities: As the organization has a vast capital base the development openings are likewise huge, particularly in the event of an open constrained organization. 
    • Management: The organization is controlled by the Board of Directors. This Board of Directors is elected by the investors. 

    Annual Compliances for a Public Limited Company

    Unlisted Company

    • Board Meetings: An unlisted Public Limited Company is required to hold at least 4 board meetings in compliance with Section 173 of the Companies Act,2013.
    • Appointment of a Cost Auditor: The auditor is required to be appointed as per Section 148(3) along with Rule 6(2) and Rule 6(3A) of the Companies Rules,2014. For this form, CRA 2 is to be filed. It is pertinent to mention that the original appointment of the auditor should be done within 30 days of the Board meeting or 180 days of the financial year, whichever is earlier. When a casual vacancy arises the same is to be filed within 30 days.
    • Return of Deposits: Returns of deposits have to be filed with the ROC under whose jurisdiction the company falls via Form DPT 3 in compliance with rule 16 of the Companies (Acceptance of Deposit) Rules,2014.
    • Appointment of CFO or CS or CEO: Section 203 read with Rule 8 and Rule 8A of the Companies Rules,2014 requires the appointment of the CFO or CS or CEO within 30 days of the AGM or 6 months in case of the casual vacancy. Form MGT 14 or Form DIR 12 are filed.
    • Annual General Meeting: AGM for the declaration of the dividend has to be conducted in compliance with Section 96 of the Companies Act, 2013.
    • CSR Committee: CSR Committee has to hold four meetings with a gap of not less than 120 days between the two meetings held for discussion and approval of the CSR activities. This is done under the Companies Act,2013 read with Companies Rule,2014 and Secretarial Standard.
    • Director’s Disclosure: Directors are required to disclose any financial interest in the Company via Form MBP 1 in compliance with Section 184(1) of the Companies Act,2013 read with Rule 9(1) of the Companies (Meetings of Board and its Powers) Rules,2014.

    Listed Company

    • Annual General Meeting: Annual General Meeting has to be held following Section 121(1) of the Companies Act, 2013. Form MGT-15 has to be filed once the AGM has been conducted
    • Financial Statements: The Financial Statements of the Company have to file as per Section 137 of the Companies Act,2013, read with Rule 12(2) of the Companies (Accounts) Rule,2014. The Financial statement consists of the balance sheets, cash flows statements, Director’s statement, Director’s report, Auditor’s report, and the combined financial state, meaning which is prepared in XRBL (Extensible business reporting system). This is filed via Form AOC 4
    • Annual Return: This has to be filed following Section 92 of the Companies Act.2013 read with the Rule 11(1) of the Companies (Management and Administration) Rules,2014. The Annual return contains the information about the directors and shareholders and is required to be filed in Form MGT7 with the relevant ROC.
    • Financial and Director’s Report: Adoption to the financial and director’s report is to be done in consonance with Section 173 of the Companies Act read with the Secretarial standard 1. The filing is done via form MGT 14.
    • Income Tax Returns: This is to be filed with the Tax department in form ITR 6 on or before September 30th of the financial year
    • Secretarial Audit Report: Submission of the Secretarial report is a requirement under Section 204 of the Companies Act,2013 read with Rule 9 of the Companies Rules,2014. The secretarial report has to be submitted only when the Company’s total paid-up capital is equal to or crosses Rs. 50 crores or the annual turnover is equal to or exceeds INR 50 crores or the annual turnover is exceeding Rs.250 crores. This filing did via Form MR 3
    • Other compliances: These include the rules and regulations that are laid down by SEBI. The listed Companies have to comply with the regulations of 2015.

    Fees details

    BASIC PLAN
    Rs 24,999 only + 18% GST
    • Public Limited Company Registration
    • Incorporation Certificate
    • Company Identification Number
    • Allotment of 3 DIN
    • Allotments of 7 DSC
    • MOA & AOA
    • GST
    • Current account opening assistance the nearest branch

    STANDARD
    Rs 45,999 only + 18% GST
    • Public Limited Company Registration
    • Incorporation Certificate,
    • Company Identification Number
    • Allotment of 3 DIN,
    • Allotment of 7 DSC
    • MOA & AOA
    • GST
    • Appointment of first Auditor
    • Commencement of Business (INC20A)
    • Financial Statements preparation
    • MCA Annual Return filing,
    • DIR-3 Director KYC
    • Income Tax Return filings
    • Current account opening assistance the nearest branch

    PREMIUM
    Rs 55,999 only + 18% GST
    • Public Limited Company Registration
    • Incorporation Certificate,
    • Company Identification Number
    • Allotment of 3 DIN,
    • Allotment of 7 DSC
    • MOA & AOA
    • GST
    • Appointment of first Auditor
    • Commencement of Business (INC20A)
    • Financial Statements preparation
    • MCA Annual Return filing,
    • DIR-3 Director KYC
    • Income Tax Return filings
    • GST return filings of 12 months,
    • Trademark Filing and
    • Current account opening assistance the nearest branch

    faqs

    frequently asked question

    To incorporate a Limited Company, a minimum of seven people are required. A Limited Company must have a minimum of three Directors and seven shareholders.

    The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in an Indian Private Limited Company.

    The Director needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, even foreign nationals can be Directors in an Indian Private Limited Company.

    You can start a Limited Company with any amount of capital. However, the fee must be paid to the Government for issuing a minimum of shares worth Rs.5 lakhs [Authorized Capital Fee] during the incorporation of the Company. There is no requirement to show proof of capital invested during the incorporation process.

    You can start a Limited Company with any amount of capital. However, the fee must be paid to the Government for issuing a minimum of shares worth Rs.5 lakhs [Authorized Capital Fee] during the incorporation of the Company. There is no requirement to show proof of capital invested during the incorporation process.

    An address in India where the registered office of the Company will be situated is required. The premises can be commercial/industrial/residential where communication from the MCA will be received.

    No, you will not have to be present at our office or appear at any office for the incorporation of a Limited Company. All the documents can be scanned and sent through email to our office. Some documents will also have to be couriered to our office.

    Identity proof and address proof are mandatory for all the proposed Directors of the Company. PAN Card is mandatory for Indian Nationals. In addition, the landlord of the registered office premises must provide a No Objection Certificate for having the registered office in his/her premises and must submit his/her identity proof and address proof.

    ILEGASERV CONSULTANT  can incorporate a Limited Company for in 14-20 days. The time taken for incorporation will depend on the submission of relevant documents by the client and the speed of Government Approvals. To ensure speedy incorporation, please choose a unique name for your Company and ensure you have all the required documents prior to starting the incorporation process.

    Once a Company is incorporated, it will be active and in existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the Company will become a Dormant Company and may be struck off from the register after a period of time. A struck-off Company can be revived for a period of up to 20 years.

    Director Identification Number is a unique identification number assigned to all existing and proposed Directors of a Company. It is mandatory for all present or proposed Directors to have a Director Identification Number. Director Identification Number never expires and a person can have only one Director Identification Number.

    The authorized capital of a Company is the number of shares a company can issue to its shareholders. Companies have to pay the Government an authorized capital fee to issue shares in a Company. Companies have to pay an authorized capital fee of a minimum of Rs.5 lakhs.

    A limited company must hold a Board Meeting at least once every 3 months. In addition to the Board Meetings, an Annual General Meeting must be conducted by the Private Limited Company, at least once every year.

    Yes, a NRI or Foreign National can be a Director in a Limited Company after obtaining Director Identification Number. However, at least one Director on the Board of Directors must be a Resident India.

    Yes, NRIs / Foreign Nationals / Foreign Companies can hold shares of a Limited Company subject to Foreign Direct Investment (FDI) Guidelines.

    100% Foreign Direct Investment is allowed in India in many of the industries under the Automatic Route. Under the Automatic Route, only a post-investment filing is necessary with the RBI indicating the nature of investment made. There are a few industries that require prior approval from the RBI, in such cases, approval must first be obtained from RBI prior to investment.

    A Public Limited Company is a Company that is listed on the recognized stock exchange and the securities of a Public Limited Company are Traded publicly. A Private Limited Company is not listed on the stock exchange and the securities are held by the members privately.

    Private Limited Company is of three types: A company that is limited by the shares A company that is limited by guarantee. Unlimited Company

    There are several advantages of incorporation like they offer Limited Liability protection, transferability, borrowing capacity, and others. Whereas the disadvantages of a Public Limited Company are such that a Public Limited Company is difficult to form, there are a lot of legal formalities, lack of secrecy, and a lot of regulatory requirements.

     

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