Public company registration, formation, incorporation procedure in India

Public companies are the companies which are formed by at least 7 persons. Public limited companies as against private limited companies can raise funds from general public by issue of either shares or debentures. But they have to be subject to a lot more severe laws,rules and acts. Thus it makes pubic company a costly affair. Public company must have at least 7 shareholders and 3 directors.



Formation of a Public Limited Company

Minimum requirements:

• Minimum 7 Shareholders
• Minimum 3 Directors• The directors and shareholders can be same person

• Minimum Share Capital shall be Rs. 500,000 (INR Five Lac)

• DIN (Director Identification Number) for all the Directors

• DSC (Digital Signature Certificate) for one of the Directors

Steps involved in formation of an Indian Public Limited Company
Step No.
Timeframe (Working days)
Documents required Self attested:• Address proof
• Identity proof
DIN Approved DIN is a pre-requisite for incorporation process
Apply for DIN and get a provisional DIN


Certification/Attestation of Director’s personal details

Sending the same to the DIN Cell and getting it approve

Pre- Name Application Search

The Promoters have to provide atleast 6 (Six) names in the order of priority.

To make an online search of availability of names as desired by the Promoters

Application for Name Availability

• 6 names for the proposed Company

• Main Object Clause

To draft the Main Object Clause to be pursued by the Company after incorporation.
Representations before RoC on behalf of Promoters
Changes to be made in the Name application, if any, suggested by the RoC
Documents required

Printing of Altered Memorandum and Articles of Association (MOA / AOA)

Other Forms like:

• Form 32
• Form 18
• Form1
• Letter of Authority/PoA

Drafting the MOA & AOA and after getting it vetted by Promoters, sending it for printing. • Processing of eForms: Stamping of documents namely:• MOA
• Letter of Authority/PoA
• Form1
Final Process:

• Filing all the above documents with the ROC, follow up with the ROC, making changes to the MOA / AOA/otherIncorporation
documents as suggested by the ROC
• Online uploading of e-Forms
• Payment of Registration fees
• Collecting the Certificate of Incorporation
Application for Certificate of Commencent of Business
• A Public Limited
Company, in addition to
Certificate of Incorporation, must obtain a Certificate of
Commencement of Business before its operation
Documentation:• Preparation of Statement in lieu of   Prospectus (SLP)

(If the Company is not issuing the Prospectus to raise funds from general public)

• CA certification of SLP

• Preparation of Form 20

• Consent letter of the Auditor

• Preparation of Statement of
Preliminary Expenses

• Online filing of eForm 20

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