Public Limited Company Registration in Delhi

Public Limited Company (also known as publicly traded company) is owned by shareholders and has its shares traded on a public stock exchange (such as NSE and BSE) offering the public an opportunity to buy shares in the company and is governed under Companies Act, 2013. 

Public companies have access to a wider range of capital sources that allows them to fund their expansion plans, research and development activities. They must also comply with various legal and financial requirements, including filing regular reports with the Securities and Exchange Board of India (SEBI) and making their financial statements available to the public. 

The key features of a public limited company include: 

• Minimum of 3 Directors and 7 Shareholders. 
• Ability to raise funds from the general public through share sales. 
• Limited liability for its shareholders, meaning they are only liable for the company’s debts to the extent of their shares. 
• Must comply with various regulatory requirements, such as holding annual general meetings (AGMs), releasing financial reports, and much more.

Below is the process of getting public limited company registration in Delhi:

• Director Identification Number (DIN): Each proposed director must obtain a unique Director Identification Number by submitting an application to the Ministry of Corporate Affairs (MCA).
• Digital Signature Certificate (DSC): All the proposed directors of the company need to obtain a Digital Signature Certificate (DSC) which is necessary for filing electronic documents with the Registrar of Companies (ROC).

• Company Name Reservation: You need to choose a unique name for the company and submit the application for name availability to ROC. 
• Memorandum of Association (MOA) and Articles of Association (AOA): Prepare a draft of Memorandum of Association and Articles of Association. These documents define the company’s objectives, activities, and internal regulations.

• File Incorporation Documents: Once all the documents are ready then it is submitted to ROC through the MCA portal, along with the prescribed fees.

• Payment of Stamp Duty: Stamp duty on the authorized share capital of the company is paid online or through designated bank branches.

• Verification and Approval: Once all the documents are submitted the ROC will examine the same and may request for additional information or clarifications. Once satisfied, the ROC will issue a Certificate of Incorporation, indicating the successful incorporation of the public company.

• PAN and TAN Application: Apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the company.
• Post-Incorporation Compliance: After incorporation, the company must fulfill certain post-incorporation compliance requirements, such as issuing share certificates, holding the first board meeting, and appointing an auditor.

• Annual General Meeting (AGM): Hold an Annual General Meeting within six months from the end of a financial year and share all the required information (such as future prospects, financial and much more).

• Financial Statements: Prepare financial statements that include everything from balance sheet statements, profit and loss accounts, cash flow statements, and notes to accounts. Once done these statements need to be audited by a qualified auditor and filed with the Registrar of Companies (ROC) within 30 days of the AGM.

• Annual Return: Prepare and file an annual return containing prescribed information about the company, its shareholders, directors, and other relevant details. The annual return should be filed with the ROC within 60 days of the AGM.

• Board Meetings: Conduct at least four board meetings in a year to ensure compliance with the Companies Act 2013. Make sure to maintain minutes of the board meetings and keep proper records.

• Statutory Records: Maintain various statutory registers, such as the Register of Members, Register of Directors, Register of Contracts, Register of Charges, and Register of Debenture Holders, and keep them updated. These registers should be available for inspection by shareholders, directors, and regulatory authorities.
• Secretarial Compliance: Ensure compliance with secretarial requirements such as filing of forms, resolutions, and disclosures with the ROC and the Ministry of Corporate Affairs (MCA) through the MCA portal. This includes filings related to changes in directors, share capital, charges, etc.