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Quick Summary:

To register a Public Limited Company in India, prepare a Memorandum and Articles of Association and meet minimum capital requirements. PLCs offer limited liability, meaning shareholders’ personal assets are protected from company debts. They raise capital through public offerings and must adhere to strict regulations, including financial reporting and transparency. PLCs are governed by a board of directors and engage in Corporate Social Responsibility (CSR) activities, contributing to societal and environmental welfare.

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How to Register a Public Limited Company in India: A Comprehensive Guide

Discover the process to register a Public Limited Company in India. Learn about the benefits, including limited liability and opportunities to raise funds through bank loans, public offerings, and institutional investors. Understand the difference between unlisted and listed companies on the Stock Exchange.

Page last updated

5 May 2024

written By

Afinthrive Advisory

How to Register a Public Limited Company in India: A Comprehensive Guide

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.

Key Points to Remember :

  • Formation and Registration : Formation of a public limited company involves registration with the appropriate regulatory authority, which varies depending on the country’s laws and regulations. It typically requires a memorandum of association and articles of association outlining the company’s objectives, internal rules, and regulations. Minimum capital requirements may apply, and the company must comply with various legal and regulatory requirements.
  • Ownership Structure : Ownership of a public limited company is divided into shares, which are held by shareholders. Shareholders invest capital in the company by purchasing shares. Shareholders elect the board of directors, who oversee the company’s management and strategic decision-making.
  • Limited Liability : Shareholders in a public limited company enjoy limited liability, meaning their personal assets are generally protected from the company’s debts and liabilities. Their liability is typically limited to the amount unpaid on their shares. Creditors of the company cannot typically pursue the personal assets of shareholders to settle corporate debts.
  • Share Capital : A public limited company issues shares to the public through an initial public offering (IPO) on a stock exchange. This process involves selling shares to investors in exchange for capital. The company can issue different classes of shares, such as ordinary shares, preference shares, or redeemable shares, each with its own rights and privileges.
  • Corporate Governance : Public limited companies are governed by a board of directors elected by shareholders. The board is responsible for overseeing the company’s operations, appointing senior management, and making strategic decisions. Corporate governance standards require transparency, accountability, and fairness in decision-making to protect the interests of shareholders and stakeholders.
  • Regulation and Compliance : Public limited companies are subject to extensive regulation and compliance requirements, including financial reporting, disclosure of information to shareholders and regulatory authorities, and adherence to corporate governance standards. Regulatory bodies, such as securities commissions or market regulators, oversee the activities of public limited companies to ensure compliance with laws and regulations.
  • Public Disclosure : Public limited companies are required to disclose financial and non-financial information to the public, including annual financial statements, quarterly reports, and information about significant corporate events. This transparency helps investors make informed decisions and promotes market integrity and confidence.
  • Access to Capital : Being publicly traded allows public limited companies to access a wide pool of capital from investors in the stock market. This capital can be used for business expansion, investment in new projects, research and development, and other purposes.
  • Market Listing : Public limited companies list their shares on a stock exchange, where they are traded among investors. Common stock exchanges include the New York Stock Exchange (NYSE), NASDAQ, London Stock Exchange (LSE), and others. Listing on a stock exchange provides liquidity to shareholders by allowing them to buy and sell shares easily.
  • Corporate Social Responsibility (CSR) : Public limited companies often have CSR initiatives to contribute positively to society and the environment. CSR activities may include philanthropy, environmental sustainability efforts, employee welfare programs, and ethical business practices.
0%
Affordable Pricing for everybody.

You won’t get the services at this unbeatable price range anywhere in India.

Essential

32400

(7%)

29999

Plan inclusive of all charges

KEY FEATURES

  • Name Approval
  • e-PAN
  • e-TAN
  • e-copies of Share Certificates
  • Drafting of e-MOA & e-AOA
  • Digital Signature Certificates
  • Director Identification Numbers

Enhanced

62999

(11%)

55999

Plan inclusive of all charges

KEY FEATURES

  • Name Approval
  • e-PAN
  • e-TAN
  • GST Registration
  • MSME Registration
  • e-copies of Share Certificates
  • Drafting of e-MOA & e-AOA
  • Company Incorporation using SPICe+
  • Digital Signature Certificates
  • Director Identification Numbers

Ultimate

42000

(10%)

37999

Plan inclusive of all charges

KEY FEATURES

  • Name Approval
  • e-PAN
  • e-TAN
  • Company Seal
  • GST Registration
  • DIR 3 e-KYC of 2 Directors
  • MSME Registration
  • e-copies of Share Certificates
  • Drafting of e-MOA & e-AOA
  • Company Incorporation using SPICe+
  • Digital Signature Certificates
  • Director Identification Numbers
Procedure for Registration of a Public Limited Company

Points to make your decision easy

Since the registration procedure of a company is entirely online, a digital signature will be required for filing the forms on the MCA portal. For all proposed directors as well as the subscribers of the memorandum and articles of association, DSC is compulsory

Digital Signature Certificate (DSC)

DIN is an identification number concerning a director; it has to be procured by anyone who intends to become a director in a company. DIN of a proposed director in addition to the name and address proof has to be mentioned in the company registration form.

Director Identification Number (DIN)

A completed SPICe+ form has to be submitted on the MCA portal in order to apply for company registration. To fill the SPICe+ form and submit the required documents, the director of a company needs to register on the MCA portal. After the registration process is completed, the director will get access to the MCA portal services which comprises filing e-forms as well as viewing public documents.

Registration on the MCA Portal

After the registration application is submitted along with the concerned documents, the Registrar of Companies (ROC) will inspect the application. After the application is verified, he will issue the Certificate of Incorporation of the Public Company. After obtaining the certification of incorporation from the ROC, the company should apply for the ‘Certificate of business commencement’ also.

Certificate of Incorporation

Advantages

  • Access to Capital: Public limited companies can raise substantial capital by selling shares to the public through stock exchanges, facilitating business expansion and investment in new projects.
  • Limited Liability: Shareholders enjoy limited liability, protecting their personal assets from company debts beyond their investment in shares.
  • Enhanced Corporate Governance: Public limited companies adhere to stringent governance standards, ensuring transparency, accountability, and fairness in operations.
  • Market Listing Prestige: Being listed on a stock exchange enhances the company's reputation and visibility, potentially attracting more investors and partnerships.
  • Employee Incentives: Public companies can offer stock options to employees, aligning their interests with company performance and fostering retention.

Disadvantages

  • Regulatory Compliance: Public companies face extensive regulatory requirements, including financial disclosures, which can be costly and time-consuming.
  • Shareholder Pressure: Public companies are under constant pressure to meet shareholder expectations for dividends and share price performance, affecting long-term strategic decisions.
  • Loss of Control: With widely dispersed ownership, founders and management may face challenges in maintaining control over decision-making compared to private companies.
  • Market Volatility: Public companies are subject to market fluctuations that can impact share prices, investor confidence, and strategic planning.
  • Disclosure of Information: Public companies must disclose sensitive business information, which can be exploited by competitors and affect strategic advantages.

All you should know about PPL

Why you should form a public limited company

1

Access to Capital

One of the primary advantages of forming a PLC is the ability to raise capital by offering shares to the public through an initial public offering (IPO) on a stock exchange. This provides access to a broad pool of investors and capital, enabling the company to fund expansion, invest in new projects, and pursue growth opportunities

2

Enhanced Credibility

Being a publicly traded company can enhance credibility with customers, suppliers, investors, and other stakeholders. The stringent regulatory requirements and transparency associated with PLCs can instill confidence and trust in the company’s operations and financial reporting.

3

Liquidity of Shares

Shares of PLCs are traded on stock exchanges, providing liquidity to shareholders. Investors can easily buy and sell shares, offering flexibility and an exit strategy. This liquidity can also attract investors who may be hesitant to invest in privately held companies due to concerns about liquidity.

4

Employee Incentives

PLCs can offer stock options, share-based incentive schemes, or employee stock purchase plans to employees. This enables the company to attract and retain talent by providing opportunities for ownership and participation in the company’s success.

5

Growth Opportunities

Access to capital and public markets can facilitate mergers, acquisitions, and strategic partnerships. PLCs can use their stock as currency for acquisitions, enabling them to pursue growth and expansion strategies.

6

Brand Visibility

Being a publicly traded company can increase brand visibility and awareness among investors, customers, and the general public. This visibility can enhance the company’s reputation and competitive positioning in the market.

7

Potential for Valuation Growth

Publicly traded companies are subject to market forces and investor sentiment, which can lead to increases in stock price and valuation over time. This can benefit shareholders and provide opportunities for capital appreciation.

8

Exit Strategy

Going public provides an exit strategy for existing shareholders, including founders, venture capitalists, and early investors. They can monetize their investment through the sale of shares on the public market, providing liquidity and realizing returns on their investment.

9

Currency for Acquisitions

Publicly traded shares can be used as currency for acquisitions, enabling PLCs to pursue strategic acquisitions and consolidate their industry position.

10

Corporate Governance Standards

PLCs are subject to stringent corporate governance standards and regulatory oversight, which can promote transparency, accountability, and ethical business practices.

Documents Required
Documents Required

Here is the check list of documents required.

  • PAN Card of Directors & Shareholders
  • Aadhaar Card or Address Proof of Directors & Shareholders (Passport, Voter ID, or Driving License)
  • Digital Signature Certificate (DSC) of Directors
  • Director Identification Number (DIN) for Directors
  • Memorandum of Association (MOA)
  • Articles of Association (AOA)
  • Company Name Approval (SPICe+ Form)
  • Registered Office Address Proof (Electricity Bill, Rent Agreement, NOC from Owner)
  • Incorporation Documents (SPICe+ Form & AGILE-PRO Form)
Documents Required
FAQs

Get Answers to your most asked questions.

What is a public limited company (PLC)?

A public limited company is a type of business entity that offers shares to the public and is listed on a stock exchange. It has limited liability and is governed by corporate laws and regulations.

How is a PLC different from a private limited company?

Unlike a private limited company, a PLC can offer shares to the public and is listed on a stock exchange. It has a wider pool of shareholders and is subject to stricter regulatory requirements.

What are the requirements for incorporating a PLC?

Incorporating a PLC typically requires documents such as a memorandum of association, articles of association, director identification numbers (DINs) for directors, digital signature certificates (DSCs), and registration with the relevant regulatory authority.

How is ownership structured in a PLC?

Ownership in a PLC is represented by shares, which are freely transferable. Shareholders elect the board of directors to manage the company on their behalf.

What are the advantages of forming a PLC?

Advantages of forming a PLC include access to capital through public offerings, enhanced credibility with investors and stakeholders, liquidity of shares, and growth opportunities through mergers, acquisitions, and strategic partnerships.

What are the disadvantages of forming a PLC?

Disadvantages of forming a PLC include higher regulatory compliance costs, shareholder pressure to meet short-term financial goals, potential loss of control by founders or original shareholders, and market volatility affecting stock prices.

How is corporate governance structured in a PLC?

Corporate governance in a PLC is overseen by a board of directors elected by shareholders. The board is responsible for making strategic decisions, ensuring compliance with laws and regulations, and protecting the interests of shareholders.

What are the reporting requirements for PLCs?

PLCs are required to disclose extensive information to shareholders and regulatory authorities, including financial statements, annual reports, quarterly reports, and information about significant corporate events.

Can anyone invest in a PLC?

Yes, anyone can invest in a PLC by purchasing shares on the stock exchange. However, investors should conduct thorough research and consider factors such as the company’s financial performance, growth prospects, and industry dynamics before investing.

How can a PLC be delisted from the stock exchange?

A PLC can be delisted from the stock exchange through voluntary delisting or regulatory action. Voluntary delisting occurs when the company decides to withdraw its shares from the exchange, while regulatory delisting may occur due to non-compliance with listing requirements or financial distress.

How many Directors are required to incorporate a Public Limited Company?

A Public Limited Company must have a minimum of three directors.