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Public Limited Company

Ø Public Limited Company

Public Limited Company should be the preferred choice of business in India if you are planning to raise funds from the general public through Initial Public Offering because public limited companies have got privileged under Securities Laws to access capital market. Public Limited Companies in India is considered to be a more transparent business model as compared to other business structures.

It gives investors a choice of transferring their ownership in the company without any hassle by just selling the shares. Public Limited Companies in India is a destination point for Foreign Direct Investment because, under Foreign Exchange Laws, there are the areas open for public limited companies to attract foreign loans and equity participation.

 

A Public Limited Companies have following features:

  • It allows a significant degree of separation between operations and ownership.
  • One can provide stock ownership or ESOPS to employees. Only Limited companies are allowed to offer this feature of distributing their stocks among current and prospective employees.
  • Only Public Limited Companies can list its shares on Indian Stock Exchanges such as National Stock Exchange, Bombay Stock Exchange and so on.
  • Only Public Limited Companies can accept Deposits from public under Companies Act, 2013.

Public limited companies are incorporated or registered in India under the Indian Companies Act 2013. As per the present law, Public limited company is defined as a type of organization which is not a private ltd company i.e. it’s not managed privately by group of individuals.

Shares are freely traded by the public and the organization registered as a public limited company uses letters “ltd” after its name. These organizations are also known as publicly held companies.

A public limited company can be listed on the stock exchange. If a private ltd company wants to get listed in stock exchange then it has to get converted to public ltd first before starting the listing process.

When promoter wants to incorporate a company as public limited, it must follow the procedures as prescribed by the Ministry of Corporate Affairs of India.

Minimum Requirements to form a Public Limited Company

  • Minimum capital requirement for a public limited company is Rs. 5, 00,000
  • Minimum number of members or shareholders required is seven
  • Must have minimum number of at least 3 directors – 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

 

 

Advantage of Public Limited Company

  • Shares of a public limited company are freely transferable and no need to take any one’s consent for such transfer.
  • The liability is limited to the face value of the shares the shareholder’s own.
  • Shareholders do not have the right to participate in the day to day management of the business.
  • Can have large amount of capital

Disadvantage of public Limited Company

  • More legal formalities to follow
  • Strict control and regulations to comply.
  • May face management problems such as slow decision making and industrial relations problems.

A private ltd can be converted to a public limited company and after such conversion it can get listed on a stock exchange of India. In India Reliance Industries Ltd, Infosys Ltd etc are example of public limited company.

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In case you have any query, please email us at sanjeev_agrawal07@yahoo.co.in