How long does the registration process take?
Typically, the process takes 10–15 business days, depending on document verification and approval by the RoC.
How many directors are required?
A minimum of 3 directors is mandatory, but there is no upper limit on the number of directors. At least one director must reside in India.
Can shares be freely transferred?
Yes, in a Public Limited Company, shareholders can freely transfer their shares to others, providing liquidity and flexibility.
How many shareholders are needed?
A Public Limited Company requires at least 7 shareholders to establish, and there is no cap on the maximum number of shareholders.
Is a registered office necessary?
Yes, the company must have a physical address in India as its registered office for official correspondence and record maintenance.
Is DSC mandatory?
Yes, a Digital Signature Certificate (DSC) is essential for filing documents electronically with the Ministry of Corporate Affairs (MCA).
Can a foreign national be a director?
Yes, foreign nationals can become directors, but the company must have at least one Indian resident director to comply with Indian regulations.
Can a private company be converted into a public company?
Yes, by altering its MoA and AoA and obtaining shareholder and regulatory approval, a private company can convert into a public limited company.
Can the company raise public funds immediately?
No, additional compliance with SEBI regulations is required before issuing shares to the public. Approval may take additional time and procedures.
What is the Certificate of Incorporation?
The Certificate of Incorporation is a legal document issued by the RoC that certifies the company's registration and existence as per Indian laws.
What is the minimum capital requirement?
Although there is no specific minimum capital requirement, businesses must declare an authorized capital sufficient to meet their operational and financial obligations.
What documents are needed for directors?
Directors need to provide their PAN (for Indian nationals), passport (for foreign nationals), address proof (utility bill or bank statement), and passport-sized photographs.
What is DIN?
The Director Identification Number (DIN) is a unique number issued to individuals who wish to become directors in an Indian company. It is mandatory for all directors.
What is the role of MoA and AoA?
The Memorandum of Association (MoA) outlines the company’s objectives, while the Articles of Association (AoA) define the rules and regulations governing internal operations.
What is the penalty for non-compliance?
Non-compliance can result in monetary fines, disqualification of directors, and legal action against the company, depending on the nature and severity of the violation.
What are the compliance requirements?
Compliance involves filing annual returns, holding annual general meetings (AGMs), statutory audits, maintaining proper accounting records, and adhering to regulatory requirements by the Registrar of Companies (RoC).
How is the company name reserved?
The company name is reserved by submitting an application through the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) form. The name must adhere to naming guidelines.
Who regulates public companies?
Public Limited Companies are regulated by the Ministry of Corporate Affairs (MCA), the Registrar of Companies (RoC), and the Securities and Exchange Board of India (SEBI) for listed companies.
What is SPICe+?
SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) is an integrated online form used for name reservation, incorporation, and obtaining statutory registrations such as PAN and TAN.
What is a Public Limited Company?
A Public Limited Company is a business entity that operates as a separate legal entity and allows public investment through share issuance. It provides limited liability protection to its shareholders and is governed by the Companies Act, 2013.