Private Limited Company vs Public Limited Company

Private Limited Company vs Public Limited Company

Selecting the appropriate business structure is a pivotal decision that significantly impacts a company's operations, legal obligations, and growth potential. Two commonly adopted business structures are the Private Limited Company (PLC) and the Public Limited Company Public Limited Company In this article, we will explore the differences between these two business entities, highlighting their unique characteristics, benefits, and implications.

What is a Public Limited Company?

A Public Limited Company in India is a business that can sell shares to the public and has its shareholders' liability limited to their investment. This allows it to raise large amounts of capital from the general public.

What is a Private Limited Company?

A Private Limited Company in India is a type of small business where owners have limited personal responsibility for the company's debts and can't sell shares to the public. It is a well-liked option for small and medium-sized companies.

Difference between a Private Limited Company and a Public Limited Company

When choosing the right business structure, understanding the differences between a Private Limited Company and a Public Limited Company is crucial. Both structures offer unique advantages and are governed by different regulations.


Feature

Public Limited Company (PLC)

Private Limited Company (Pvt Ltd)

Minimum Number of Shareholders

7

2

Maximum Number of Shareholders

No Limit

200

Minimum Number of Directors

3

2

Share Transferability

Freely transferable

Restricted

Public Subscription

Allowed

Not allowed

Statutory Meeting

Mandatory

Not mandatory

Name Suffix

Must end with "Limited"

It must end with "Private Limited"

Listing on the Stock Exchange

Yes

No

Documents Required for Private Limited Company and Public Limited Company Registration

Planning to launch a company in India? Know what paperwork you'll need to navigate the registration process for Public ltd vs. Private Limited Companies.


Proof of Identity and Address


Private Limited Company: All directors and shareholders must provide identification, such as PAN cards for Indian nationals. All directors and shareholders need Documents like Aadhaar cards, passports, or recent utility bills.

Pubic Limited Company: Similar requirements as in private limited companies for all directors and shareholders.


Digital Signature Certificate (DSC)


Private Limited Company: Required for at least one of the directors to file documents electronically.

Pubic Limited Company: Directors are required to ensure secure electronic submissions.


Director Identification Number (DIN)

 

Private Limited Company: Mandatory for all directors, with proof of identity and address required for application.

Public Limited Company: Needed for each director.


Registered Office Proof


Private Limited Company: This includes a recent utility bill, a rent agreement, proof of ownership of the office location, and a no-objection certificate from the owner.

Public Limited Company:  Proof of the location of the company's office, similar to private limited requirements.


Articles of Association (AoA) & Memorandum of Association (MoA) 


Private Limited Company: Key documents outlining the company's purpose, structure, and internal rules.

Public Limited Company: More detailed compared to private limited companies, due to stricter regulatory standards.

Registration of Private Limited Company vs Public Limited Company

Ready to start your business journey in India but need clarification on the costs and demands of different company structures? Let’s simplify the financial and operational requirements of private limited company and public limited company


Requirement

Public Limited Company 

Private Limited Company 

Registration Fees

Higher due to a larger scale

Lower compared to PLC

Compliance and Reporting Costs

Higher due to extensive requirements

Lower due to fewer regulations

Statutory Requirements

Strict, with regular audits and disclosures

Less stringent, with fewer mandatory audits

Capital Requirement

Higher minimum paid-up capital

Lower minimum paid-up capital

Time to Incorporate

Longer due to complex procedures

Shorter due to simpler processes

Example of a Private Limited Company?

Before diving into the corporate world, know which businesses thrive as Private Limited Companies. Here are some examples of private limited company

  • Flipkart: Before its acquisition by Walmart, Flipkart operated as a private limited company, focusing on building its business without the pressure of public investors.

  • Zomato: Initially a private limited company, Zomato grew by securing private investments before going public.

  • Wipro Limited: A prominent player in the global information technology, consulting, and business process services sector.

Example of Public Limited Company?

Like a Private Limited Company before entering into the realm of entrepreneurship, learn about which business prefers a Public Limited Company: 

  • Tata Consultancy Services (TCS): A leading IT services company that went public to expand its operations and market reach.

  • Reliance Industries Limited: A conglomerate that benefits from public investments to fund its diverse business ventures.

  • Bharti Airtel Limited: One of the largest telecom operators in India, providing broadband, mobile telephony, and digital television services.


    Conclusion


    Armed with the knowledge of the difference between private limited company and public limited company, you're now better positioned to adjust your corporate strategy to suit your long-term business goals. Choosing the right company structure is crucial for your business's future. This emphasized the primary difference between Private Limited Company and Public Limited Company in India. PLCs can sell shares to the public, raising significant capital, while Pvt Ltd companies have restricted share transfers, ideal for small to medium-sized businesses. Understanding these distinctions helps align your business strategy with your long-term goals.

    FAQs

    Q1. What is the key difference between a Private and Public Limited Company?
    Ans1 The key difference lies in ownership and fundraising. A Private Limited Company cannot sell its shares to the public and has a limited number of shareholders (up to 200). A Public Limited Company can raise capital by offering shares to the general public through stock exchanges, making it ideal for large-scale operations.

    Q2. Which is more suitable for startups or small businesses?
    Ans2 A Private Limited Company is more suitable for startups and small businesses. It has fewer compliance requirements, provides limited liability protection, and allows easy funding from private investors. Public Limited Companies are better for large businesses planning to raise money from the public.

    Q3. Can a Private Limited Company go public later?
    Ans3 Yes, a Private Limited Company can be converted into a Public Limited Company. This usually happens when a business wants to scale, raise funds through IPO, or expand its public presence. The process requires ROC approval and changes in company structure.

    Q4. Is compliance higher in a Public Limited Company?
    Ans4 Yes, Public Limited Companies must follow strict regulations laid down by SEBI, ROC, and the Companies Act. They are required to hold board and shareholder meetings, disclose financials publicly, and undergo regular audits. Private Limited Companies have comparatively relaxed compliance requirements.

    Q5. How many shareholders are required in both types of companies?
    Ans5 A Private Limited Company must have at least 2 and can have a maximum of 200 shareholders. A Public Limited Company must have a minimum of 7 shareholders, and there is no upper limit, which allows it to raise funds from a large investor base.

    Q6. Can a Private Limited Company raise funds from the public?
    Ans6 No, a Private Limited Company cannot invite the general public to buy its shares. It can only raise funds through private equity, venture capital, or angel investors. Public Companies, on the other hand, can raise money from the public through IPOs.

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    Sakshi Kashyap

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