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Public Limited Company

A Public Limited Company is a corporate structure registered under the Companies Act, 2013, that allows businesses to raise funds from the general public through the issuance of shares. It provides limited liability, a separate legal identity, and perpetual succession, making it suitable for medium to large-scale businesses. A minimum of 3 directors and 7 shareholders are required, with no maximum cap on shareholders. Public companies are regulated by the Ministry of Corporate Affairs (MCA) and governed by strict compliance and disclosure requirements.

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Company PAN+TAN
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Companies Act, 2013 (India)

Public Limited Companies are registered and governed under the Companies Act, 2013. They must comply with provisions relating to board meetings, annual general meetings (AGM), statutory audits, filing of annual returns, and disclosure norms with the Registrar of Companies (ROC). Public companies must also follow SEBI regulations if listed on a stock exchange.

A Public Limited Company is a corporate entity that offers shares to the public and enjoys limited liability protection. It has a separate legal identity and can own property, enter contracts, sue, and be sued in its own name. With stricter compliance obligations and higher credibility, it is suitable for businesses seeking large-scale capital infusion through public investors, banks, and financial institutions.

One of the defining features of a PLC is its obligation to adhere to strict regulatory standards set by government bodies, which often include requirements for detailed financial reporting, governance practices, and transparency. This regulatory framework is designed to protect investors and promote confidence in the market. PLCs are also required to hold annual general meetings (AGMs) where shareholders can discuss company performance and future strategies, thereby promoting shareholder engagement.

Another key aspect of a PLC is the concept of limited liability, which protects shareholders from being personally liable for the company’s debts beyond their initial investment. This encourages more investors to buy shares, knowing their financial exposure is limited.

Limited Liability

Shareholders’ liability limited to the unpaid value of shares.

Access to Capital

Can raise funds by issuing shares to public investors.

Separate Legal Identity

Company exists independently of its owners and directors.

Enhanced Credibility

Stronger brand image with customers, suppliers, and stakeholders.

Perpetual Succession

Business continues regardless of death or resignation of members.

Growth Potential

Ability to expand operations and scale business without restrictions.

Eligibility Criteria

To establish a public limited company (PLC), several eligibility criteria must be met, including:

Minimum Share Capital: A specific minimum capital requirement, which varies by jurisdiction, must be fulfilled.
Registration: The company must be officially registered with the relevant government authority.
Shareholders: A minimum number of shareholders is required, promoting a diverse ownership base.
Directors: A minimum number of directors must be appointed to oversee operations.
Compliance with Regulations: The company must adhere to regulatory requirements, including corporate governance and financial reporting standards.
Public Disclosure: Regular disclosure of financial and operational information is necessary to maintain transparency with investors.
Prospectus Preparation: A prospectus detailing the company’s business and risks must be prepared and approved before offering shares to the public.
Listing on Stock Exchange: The company must be listed on a recognized stock exchange, adhering to additional exchange rules.
No Restrictions on Share Transfer: The articles of association should allow for the free transfer of shares among investors.
Good Standing: The company must be in good standing with tax authorities and comply with applicable laws.

Checklist

Here’s a checklist for establishing a public limited company (PLC):

Minimum Share Capital: Confirm compliance with jurisdictional minimum share capital requirements.
Company Registration: Submit registration documents, including the memorandum and articles of association, to the relevant authority.
Shareholder Requirements: Ensure the company has the minimum number of shareholders as mandated by law.
Director Appointment: Appoint the required minimum number of directors, ensuring they meet eligibility criteria.
Regulatory Compliance: Adhere to corporate governance standards and prepare for regular audits and compliance checks.

Required Documents

The following necessary documents are crucial for Public limited company registration in India:

Memorandum of Association: Outlines the company’s name, objectives, and scope of activities.
Articles of Association: Specifies the internal rules and regulations governing the company.
Application Form: A completed form required for company registration with the regulatory authority.
Prospectus: Provides detailed information about the company’s business, financial status, and risks for public share offerings.
Shareholder Agreements: Outline the rights and obligations of shareholders, including share transfer provisions.
Director’s Consent to Act: Written consent from each director to serve on the board.
Identification Documents: Valid ID (e.g., passport, national ID) for all directors and shareholders.
Proof of Address: Documentation verifying the registered office address of the company.

Types of Public Limited Company

In India, public limited businesses are differentiated into different types based on share distribution and other aspects. Here are 3 different types of public ltd Companies:

Investment PLCs

These companies primarily invest in a portfolio of assets, including stocks, bonds, real estate, and other financial instruments.

Trading PLCs

These companies engage in buying and selling goods or services directly to consumers or businesses.

Manufacturing PLCs

These companies are involved in the production of goods, either by manufacturing products in-house or assembling components sourced from suppliers.

Features of Public Limited Company

If you’re considering the establishment or investment in a public limited company (PLC), here are several key reasons and benefits of doing so:

Share Capital:
- Can raise significant funds by issuing shares to the public.
Public Trading:
- Shares are traded on stock exchanges, providing liquidity for investors.
Limited Liability:
- Shareholders’ liability is limited to their investment in the company.
Regulatory Compliance:
- Subject to strict regulatory oversight and disclosure requirements.
Diverse Ownership:
- Ownership is spread across a large number of shareholders, reducing reliance on a few investors.
Increased Transparency:
- Must regularly disclose financial and operational information, fostering accountability.
Professional Management:
- Typically governed by a board of directors, ensuring professional management practices.
Access to Growth Capital:
- Can raise capital for expansion, research, and development through public offerings.

Registering a public limited company (PLC) involves several steps, which can vary depending on the jurisdiction. Here’s a general guide on how to register a PLC:

To register a Public Limited Company in India, first select a unique company name and verify it on the MCA portal. Obtain DSC and DIN for all proposed directors. Draft the Memorandum of Association (MOA) and Articles of Association (AOA). File the SPICe+ (INC-32) form with required documents to the ROC. After verification, the ROC issues the Certificate of Incorporation (COI). The company must then apply for PAN, TAN, and open a current bank account. Within 30 days, the company must hold its first Board Meeting and appoint a statutory auditor. If planning to raise funds from the public, SEBI registration and compliance are mandatory.

FAQ's

1. What is the minimum requirement to form a Public Limited Company?

At least 3 directors and 7 shareholders are required.

2. Can a Public Limited Company raise funds from the public?

Yes, it can issue shares and debentures to raise capital.

3. What is the minimum capital requirement?

Minimum authorized share capital of ₹5 lakh is required.

4. Is listing on a stock exchange mandatory for a Public Limited Company?

No, listing is optional. Public companies may remain unlisted.

5. Who regulates Public Limited Companies in India?

They are regulated by the MCA, ROC, and SEBI (if listed).

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