Register Your Public Company in India: Online Procedure & Checklist

1. Introduction to Public Company Registration in India –

A Public Limited Company in India is a corporate entity whose shares can be offered to the general public, often through listings on stock exchanges. Public company registration in India is ideal for businesses aiming to access large-scale capital and achieve high growth, since it allows them to sell shares freely and attract a broader base of investors.

2. Key Features of a Public Limited Company –

• Shares Open To Public – Shares can be offered and traded to the public, giving easy access to capital markets.
• Minimum Requirements – At least seven shareholders and three directors are needed to form a Private Limited Company, with no upper limit on shareholders.
• Separate Legal Entity – The company is distinct from its owners, providing legal recognition and credibility.
• Limited Liability – Shareholders’ liability is limited to the amount invested in shares, protecting their personal assets from company debts.

3. Eligibility Criteria for Public Company Registration in India –

To register a Public Limited Company in India, the main eligibility criteria and requirements are –

1. At least seven directors are required. There is no upper limit on the maximum number of shareholders.
2. At least three directors must be appointed. All directors must possess a valid Director Identification Number (DIN).
3. A minimum authorized and paid-up share capital of Rs 5 lakh is generally required.
4. At least one director must have a valid DSC for electronic document submission.
5. The company name must comply with regulations and not conflict with existing entities.
6. Key documents include the Memorandum of Association (MOA), Articles of Association (AOA), proof of registered office address, identity and address proof for directors and shareholders, PAN details, and the landlord’s consent letter if applicable.
7. At least one director must be an Indian resident.
8. All requirements must align with the provisions of the Companies Act, 2013, for company incorporation India.

 4. Documents Required for Public Company Registration –

To register a Public Limited Company in India, a detailed set of documents must be prepared and submitted to comply with regulatory requirements. Below is a comprehensive list of the key documents needed –

Documents of Promoters (Shareholders & Directors) –

1. PAN Card of all Indian promoters.
2. Aadhaar Card or other government-issued ID (Voter ID, Driving License, Passport).
3. Address Proof (recent utility bill or bank statement, not older than 2 months).
4. Passport-size Photographs of promoters/directors.
5. Digital Signature Certificate (DSC) for all proposed directors (required for online submission).
6. Director Identification Number (DIN) for each director.

Registered Office Documents –

1. Proof of Registered Office Address (electricity/water/gas bill, not older than 2 months).
2. No Objection Certificate (NOC) from the owner of the premises (if rented).
3. Rent agreement (if premises are leased) or property ownership document (if owned).

Legal and Company Constitution Documents –

1. Memorandum of Association (MOA): Outlines the company’s objectives and legal foundation.
2. Articles of Association (AOA): Rules and regulations for internal management.
3. Consent to Act as Director (DIR-2): Declarations by directors.
4. Declaration by First Subscribers and Directors (INC-9): Affirms eligibility and compliance.

Other Mandatory Documents –

• List of Shareholders and Directors: With their respective details and shareholding.
• Declaration/Certification by a Professional (Chartered Accountant, Company Secretary, or Advocate) in certain prescribed forms.

5. Step-by-Step Online Registration Procedure –

For Public company registration in India, the following steps needed to be followed –

• All proposed directors must secure a valid DSC for digitally signing online forms and documents.
• DIN can be applied for within the SPICe+ form if not already available for the proposed directors.
• Fill out Part A of the SPICe+ form to apply for name reservation using at least one and up to six name choices in order of preference.
• Submit for MCA approval; if approved, the name is reserved for 20 days.
• Fill Part B of the SPICe+ form with detailed company and director information, registered office address, capital structure, and objectives.
• Attached required documents: MOA, AOA, address proof, identity and address proof of directors/shareholders, subscriber sheet, NOC, and other mandatory declarations (as previously listed).
• Fill AGILE-PRO-S for GSTIN, EPFO, ESIC, and bank account.
• Fill out the SPICe+ MOA and AOA for the Memorandum and Articles of Association.
• Fill out the INC-9 declaration for subscribers and directors (can be auto-generated within SPICe+ for most applicants).
• All forms, including attachments, must be digitally signed by the proposed directors and a practicing professional (CA/CS/CMA, if required).
• Submit the completed SPICe+ form and linked forms electronically via the MCA portal.
• Pay the prescribed government fees and stamp duty online as calculated by the portal based on authorized capital and state of registration.
• The Registrar of Companies (ROC) reviews the application. Any clarifications or additional documents required must be provided promptly.
• Upon verification, the ROC issues a Certificate of Incorporation. The company will also receive its PAN and TAN automatically and can commence business after obtaining the commencement certificate.

6. Timeline for Public Limited Company Registration –

The registration of a Public Limited Company in India is an online process typically completed within 10-15 days if all documents are in order and there are no delays from the authorities.

Common Mistakes to Avoid During Registration –

The following are the common mistakes to avoid for Public limited company registration –

• Selecting a name already in use, too similar to existing companies, or violating trademark and legal restrictions can cause rejections or legal complications.
• Opting for an unsuitable company type can lead to operational inefficiencies and compliance difficulties.
• Missing or inaccurate documents can delay or prevent registration.
• Submit accurate and verifiable office address proof with valid no objection certificates if premises are rented. Errors here may cause legal troubles.
• DSCs and DINs are mandatory for directors for filing online forms. Applying late or missing these can delay the process.

7. Top Public Limited Company Registration Service Provider in India –

For new businesses and entrepreneurs, We offers dependable and thorough Public Limited Company registration services. From choosing a distinctive company name to acquiring the Certificate of Incorporation, our skilled legal and business professionals walk you through every stage of the registration procedure. To prevent needless delays, we make sure all paperwork is correct, in compliance, and submitted on schedule. With an emphasis on effectiveness, openness, and individualized assistance, We streamlines and simplifies company registration. Our team is here to help you get off to a great start and maintain legal compliance, whether you are starting your first business or growing your operations.

8. Conclusion: Is Public Company Registration the Right Move for You?

In conclusion, whether Public Company Registration in India is the right move depends on your business goals, readiness to meet regulatory demands, and desire for external funding versus control. For enterprises seeking substantial growth and willing to embrace transparency and governance rigour, becoming a public limited company offers rewarding opportunities. For smaller businesses valuing operational flexibility and privacy, alternative structures might be more suitable. Careful evaluation of these factors and professional advice is essential before proceeding.