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Public Limited Company Registration Process

According to rules led down under, Companies Act 2013 and Companies Incorporation Rules, 2014 –
Meaning of Public Limited Company-
Company, which is not private, has minimum paid up share capital is called Public Limited Company.
This has minimum liability and offers shares to general public. Stock of such can be bought by anyone
(Private or Public) via stock market shares. These are strictly regulated.
Which can avail financial health to shareholders. Even their Liabilities are limited, they’re not
personally responsible for company’s losses or debts.

Formation of Public Limited Company-


As per chapter II, to form a public limited company minimum 7 shareholders are required. Maximum
number isn’t provided.
Also, Minimum 3 Directors are required to form PLC with share capital of minimum 5 Lakh rupees.
By subscribing their names to a memorandum and complying with the requirements of Companies Act
in respect of registration, PLC can be registered officially.

For Registration Of Public Limited Company –

Requirements-
- Digitally Signed Certificate (DSC) of one of the directors required when submitting self-
attested copies of identity and address proof.
- Directors require DIN, along with Name and address proof. DIN i.e. Director Identification
Number. Person who wants to be director of any company has to procure such number .
- Application to be made to get established along with the Name, Object and what company will
achieve in future is mentioned here, i.e. Name Application.
- Submission of ROC with documents like MOA, AOA.
- Identity proof and age proof of all the shareholders, directors.
- NOC from the landlord where company’s office is situated.
- Utility bill of the proposed office.
Other than these Requirements, 2 Important things to be kept in mind when incorporating PLC are-
- Decide the name to be applied, Objects to be carried, Registered Office address, Number of
promoters, number of shares each promoter to be subscribed to, Number of directors,
Authorized capital etc. Such name should not fall under undesirable names specified by Rule
8, Companies Rules, 2014. And should be in consonance with Objects.
- One of the directors should be one who is able to stay on Indian Territory for at least 180 days
of a year.
- Maintain and preserve all documents, all payment receipts, all information related to
incorporation of company.
Procedure-
- Name Availability Application – An application needs to be made with registrar with filed E-
Form INC-1, with prescribed fees. Along with the form, following documents need to be
attached.
-Proof of significance
-If names are pending before Trademarks Registration, approval of that trademark’s owner
-Proof of relation and NOC (Rule 8-4)
-Concerned Regulator’s approval
-NOC from sole proprietor/ partners/ associate to affirm or deny that they are or have been
using applied name of the company. [If yes, No Objection Certificate required]
-NOC of existing company
-Any other required document if any
When name availability is given, as per provisions of Companies Act 2013, Memorandum and articles
need to be prepared.

- Application for Incorporation of Company-


- Application for Registration to be filed with Registrar whose jurisdiction under which the
given company’s office is situated. E-Form INC-7 needs to be filed with prescribed fees and
given documents.
- Memorandum and Articles of Association signed by each subscriber (as per manner given in
rule 13 of Companies rules 2014)
- Declaration by professional Advocate, CA, CS in practice in form INC-8
- Affidavit from each subscriber, directors that they are not convicted of any offence in
connection with promotion, formation, management of any company or of any fraud,
misfeasance breach of duty under this act/ any company law. All the documents are filed in
good faith and are true to the best knowledge.
- Documents and Particulars of each Subscriber to Memorandum (Rule 16)
- No objection Certificate in case of change in promoters
- If Promoter is Corporate body, resolution of partners, Charter documents is also required.
- Signature and photo by promoter and director (Rule 16 (2))
- Address of Correspondence until registered office is established

-All the First Director’s DIN, with address, names, family names need to be filed with E-Form
DIR-12 (as given in Section 7 of company’s rules 2014)

Details of the Procedure Online-


Digital Signature Certificate (DSC)- 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.
Procurement of Director Identification Number (DIN)- It 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.
Registration on the MCA Portal- 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.

After the registration application is submitted along with the concerned documents, the Registrar
of Companies will inspect the application. After the application is verified, he will issue the
Certificate of Incorporation of the Public Company.
On satisfaction of all these documents, Registrar issues Certificate of Incorporation bearing
Company Identity Number, distinct identity of Company.

After the registration application is submitted along with the concerned documents, the Registrar
of Companies will inspect the application. After the application is verified, he will issue the
Certificate of Incorporation of the Public Company.
On satisfaction of all these documents, Registrar issues Certificate of Incorporation bearing
Company Identity Number, distinct identity of Company.

Verification-
Company shall have registered office within 15 days of Incorporation. Such verification must be
filed with concerned registrar within 30 days E-FORM INC-22 with given fees. (Company Rules,
2014) Documents required along with form for the same-
-Title of premises of registered office
-Lease/ rent agreement with paid receipt of last month
-Authorization of Owner/ occupant with proof
-Proof of utility service (gas/ electricity/ telephone)
-List of companies with same CIN if any.

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