Public Limited Company
As the name suggest, public limited
company has a wider coverage than a private limited company. It covers “Public”
in general, hence called as a 'Public Limited Company'. A
public limited company (plc) is a company whose securities are available and
traded publicly on the stock exchange. These companies are usually only
created for very specific reasons. These sorts of companies are far less
common.
The
features of Public Limited Company are as follow:
·
Minimum no of members
- It shall have minimum 7 shareholders and no upper limit for the maximum
number of shareholders.
·
No of directors
- It shall have at least 3 directors.
·
Shares
- Subject to the compliance of the Companies Act, the Company can issue shares
to public and it can accept deposit from public.
·
There are many
restrictive provisions of Companies Act that controls the operations of public
limited companies. It is suitable for business entity that requires huge
capital investment.
·
Meetings- It should hold statutory
meetings and obtain government approval for the appointment of the management.
Advantages
of incorporating a Public Company:
1)
Limited liability- There
is limited liability for the shareholders in the PLC.
2)
Separate legal entity-
It has a separate legal entity which means that there is continuity even if any
of the shareholders die.
3)
Capital
- These businesses can raise
large capital sum as there is no limit to the number of shareholders. Since a public company
can sell its shares to the public and anyone can invest their money and the
capital that can be raised is larger.
4)
Access to Finance-
A public limited company can easily obtain financing for its operations. Banks
and other financial institutions are more willing to extend financing to this
type of company than to smaller forms of business entities.
5)
Brand Awareness-
This type of business is often listed in a stock exchange. People will be able
to easily and quickly recognize the name of the company. Due to this advantage
i.e. brand recognition a company has, the more business it will have.
6)
Easily transferable shares- The shares of the
business are freely transferable providing more liquidity to its
shareholders
7) Advertisement-Shares can be advertised and
thus Shares can be easily sold through the stock exchange.
8) Borrowings- Large plc’s may find it easier to borrow from
banks and thus Cheaper borrowing and bulk purchasing
Conditions for
the Registration of a Public Company
Ø
Shareholders (Members)
There shall be at least
7 members/shareholders in the company.
There is no upper limit
for the maximum no. of shareholder.
Any natural, artificial
person, LLP, OPC or any other registered company can become member of the
company.
Ø
Directors
There shall be at least
3 directors in the company.
One of the directors
must be resident of India i.e. in India not less than 182 in the previous
calendar year.
Ø
DIN
Ø
Proposed director
should have Director Identification Number (DIN) issued by Ministry Company Objects of
Corporate Affairs (MCA).
Ø
Company Name
The
name of a Public Limited Company shall have suffix “Limited" at the end of
the name. Company Name has three parts, i.e..,
The Name', - It must be
unique and not identical or similar to registered trademark.
'Activity' – It must
signify the business.
Limited' - There should
be suffix Limited at the end of company name. Proposed Company name shall be
approved by the Registrar of Companies.
Ø
Registered Office
Address
A
temporary address is required at the time of registration of Company. It could
be an address including address of any of the Directors.
After
registration, the company has to file the permanent business address with
documentary proof of address, ownership etc.
Objects
of the company refer to proposed business activities.
Objects
provide the direction to the company.
Company
objects shall be legal and shall not misuse or harm the society.
Identifying
the major objects in particular line of business help in setting the goal.
The
name of company shall also signify the main, prerequisite objects. Company can
have multifaceted objects and may not describe a particular object.
Ø
Digital Signature
Certificate (DSC)
All
documents are filed online with Registrar of Companies. Digital Signature
certificate is the ultimate way to verify the authenticity of document. Hence, Digital
Signature Certificate of the Director shall be used for to verify the
authenticity of the document.
Ø
Professional
Certification
Services
of professionals such as Chartered Account, Company Secretary and Cost
Accountant are required to make necessary Certifications and declarations for
incorporation of a Public Limited Company.
Author:
This blog is written by Ms. Chanchal
Sharma, a passionate blogger of Aapka Consultant.
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