โEmpowering Visionary Enterprises to Scale Beyond Limits
โIn the dynamic landscape of Indian commerce, the Public Limited Company (PLC) stands as the pinnacle of corporate structures. It is the vehicle of choice for visionary entrepreneurs who aim for large-scale operations, public equity participation, and a legacy of transparency.
โAt Pcachary.in, in collaboration with GST Suvidha Centers (Branch Code: WB 093), we provide an end-to-end ecosystem for the formation, registration, and lifelong statutory compliance of Public Limited Companies. Whether you are a growing startup looking to go public or a private entity seeking conversion, our team of seasoned professionals ensures your transition into the public domain is seamless, legal, and strategically sound.
โ1. Understanding the Public Limited Company Structure
โA Public Limited Company is a voluntary association of members, incorporated under the Companies Act, 2013. Unlike a Private Limited Company, it has the right to invite the general public to subscribe to its shares and debentures.
โCore Characteristics of a PLC:
- โSeparate Legal Entity: The company is a distinct “juridical person” in the eyes of the law, independent of its shareholders.
- โPerpetual Succession: The existence of the company is not affected by the death, insolvency, or retirement of its members.
- โLimited Liability: Shareholders are only liable for the unpaid value of the shares they hold.
- โTransferability of Shares: Shares of a public company are freely tradable on stock exchanges (once listed).
- โCapital Acquisition: It has the unique power to raise capital through the public via an Initial Public Offering (IPO).
2. Pre-Requisites for Incorporation
โBefore initiating the registration process through our GST Suvidha Center, ensure you meet the following statutory requirements mandated by the Ministry of Corporate Affairs (MCA):
| Requirement | Minimum Criteria |
|---|---|
| Minimum Directors | 3 (Three) |
| Minimum Shareholders | 7 (Seven) |
| Digital Signature (DSC) | Required for all Directors |
| Director Identification Number (DIN) | Required for all Directors |
| Registered Office | Must be a physical address in India |
| Nationality | At least one Director must be an Indian Resident |
3. The Step-by-Step Formation Process
โAt Pcachary.in, we demystify the complex bureaucracy of company formation. Our process is divided into five distinct phases:
โPhase I: Digital Documentation & DIN
โWe assist all proposed directors in obtaining Class 3 Digital Signature Certificates (DSC). Simultaneously, we file the DIR-3 form to secure Director Identification Numbers (DIN), which are unique identifiers required for all corporate filings.
โPhase II: Name Reservation (RUN)
โA Public Limited Company name must be unique and end with the words “Limited.” We perform a comprehensive search across the MCA database and Trademark registry to ensure your chosen name does not infringe on existing entities. We then file the Reserve Unique Name (RUN) application.
โPhase III: Drafting Constitutional Documents
โThe Memorandum of Association (MoA) and Articles of Association (AoA) are the constitution of your company.
- โMoA: Defines the companyโs objectives and the scope of its powers.
- โAoA: Outlines the internal rules, regulations, and management protocols. Our legal experts draft these documents to ensure they are future-proof and aligned with your long-term business goals.
โPhase IV: Filing for Incorporation (SPICe+)
โWe utilize the SPICe+ (Simplified Proforma for Incorporating Company Electronically Plus) web form. This single application covers:
- โIncorporation
- โDIN Allotment
- โPAN (Permanent Account Number)
- โTAN (Tax Deduction Account Number)
- โEPFO & ESIC Registration
- โProfessional Tax Registration (State-specific)
- โOpening of Bank Account
โPhase V: Certificate of Incorporation
โOnce the Registrar of Companies (RoC) verifies the documents, they issue a Certificate of Incorporation (CoI) along with a Corporate Identity Number (CIN). Your Public Limited Company is now officially born.
โ4. Why Choose a Public Limited Company?
โWhile the compliance burden is higher for a PLC than a Private Limited entity, the benefits are unparalleled for high-growth businesses:
โA. Access to Public Capital
โThe primary reason for forming a PLC is the ability to raise funds from the public. This can be done through equity shares, preference shares, or debentures, providing a massive pool of liquidity for expansion.
โB. Enhanced Credibility and Brand Image
โA Public Limited Company is perceived as more transparent and reliable by financial institutions, vendors, and customers. The rigorous disclosure requirements lead to higher trust in the brand.
โC. Exit Strategy and Liquidity
โFor original promoters and early-stage investors, a PLC provides a clear exit route. Listing the company on a stock exchange allows shareholders to liquidate their holdings at market-driven valuations.
โD. Better Borrowing Capacity
โBanks and financial institutions view PLCs as lower-risk entities due to the stringent audit and disclosure norms they follow, often resulting in lower interest rates and higher credit limits.
โ5. Post-Incorporation Compliance: The PLC Lifecycle
โIncorporation is just the beginning. A Public Limited Company is a “creature of law” and must be nurtured through strict adherence to the Companies Act, 2013. Failure to comply can lead to heavy penalties, disqualification of directors, and “striking off” of the company.
โMandatory Annual Compliances
- โAppointment of Auditor (ADT-1): The first auditor must be appointed within 30 days of incorporation.
- โBoard Meetings: A minimum of four board meetings must be held every year, with a maximum gap of 120 days between two meetings.
- โAnnual General Meeting (AGM): A PLC must hold an AGM every year to discuss financial statements, dividends, and director appointments.
- โFiling of Financial Statements (AOC-4): Must be filed with the RoC within 30 days of the AGM.
- โFiling of Annual Return (MGT-7): A comprehensive return containing details of shareholders and directors, filed within 60 days of the AGM.
- โDirectorโs Report: A detailed report explaining the companyโs financial position and CSR (Corporate Social Responsibility) initiatives.
โEvent-Based Compliances
- โChange in Directors or Key Managerial Personnel (KMP).
- โIncrease in Authorized Share Capital.
- โRegistered Office Shifting.
- โCreation or Satisfaction of Charges (Loans).
โ6. Taxation and GST Integration for PLCs
โAs a GST Suvidha Center (WB 093), we provide specialized tax integration for your new Public Limited Company.
โIncome Tax
โA PLC is taxed at a flat rate (subject to surcharges and cess). We provide comprehensive Income Tax Audit services and ensure that all corporate tax filings are done accurately to avoid scrutiny.
โGST Compliance
โFor a Public Limited Company, GST management is often complex due to multi-state operations. Our services include:
- โGST Registration: Obtaining the GSTIN for all branches.
- โMonthly/Quarterly Returns: Filing GSTR-1, GSTR-3B, and GSTR-9 (Annual Return).
- โInput Tax Credit (ITC) Reconciliation: Maximizing your tax savings by ensuring every rupee of ITC is claimed legitimately.
- โE-Way Bill & E-Invoicing: Seamlessly managing the logistics of your supply chain.
โ7. The Pcachary Advantage: Why Partner With Us?
โNavigating the legalities of a Public Limited Company requires more than just a consultant; it requires a partner. Here is why Purna Chandra Achary and his team are the preferred choice:
โExpert Human Capital
โWe are backed by a support team of 170+ knowledgeable members at the backend and experienced Relationship Managers. Our experts possess deep domain knowledge in Corporate Law, Finance, and Taxation.
โTechnological Edge
โThrough our GST Suvidha Center Mobile App and advanced web portals, you can track your compliance status in real-time. We bridge the gap between “traditional business” and “tech-savvy corporate culture.”
โOne-Stop Financial Boutique
โBeyond incorporation, our center offers 450+ services. From Mudra Loans for your initial capital to TradeMark Registration for your brand protection, and ISO Certification for quality assuranceโwe manage it all under one roof.
โTransparency in Pricing
โWe believe in the “Jan Suvidha” (Public Benefit) philosophy. Our rates for Public Limited Company formation are nominal and transparent, ensuring that small traders and seasonal businessmen can also dream of building a public empire without being burdened by exorbitant professional fees.
โ8. Common Myths vs. Reality in PLC Formation
โMyth: “Only massive conglomerates can be Public Limited Companies.”
Reality: Any group of 7 individuals with a clear business plan can incorporate a PLC. Many startups choose this route to attract Venture Capital and Private Equity early on.
โMyth: “The compliance cost will eat up all profits.”
Reality: With the GST Jan Seva Kendra model, we have reduced the cost of compliance by over 40% compared to traditional CA firms, making it affordable for medium-scale enterprises.
โMyth: “You need a massive office to start a PLC.”
Reality: You only need a valid registered office address. We help you manage the documentation even if you are operating from a small professional space or a co-working hub.
โ9. Frequently Asked Questions (FAQs)
โQ1: Can a Private Limited Company be converted into a Public Limited Company?
A: Yes. We specialize in the conversion process, which involves altering the AoA and MoA, increasing the member count to 7, and filing Form INC-27 with the RoC.
โQ2: Is it mandatory for a PLC to be listed on a Stock Exchange?
A: No. A company can remain an Unlisted Public Company. Listing is a voluntary choice made when the company wishes to trade its shares on platforms like NSE or BSE.
โQ3: What happens if a PLC fails to file its GST returns?
A: Non-compliance leads to heavy late fees, interest, and eventually the blocking of the E-Way Bill generation facility. Our team at WB 093 ensures you never miss a deadline.
โQ4: Do directors of a PLC need to be shareholders?
A: Not necessarily. Directors are the management, and shareholders are the owners. While they can be the same people, it is not a legal requirement.
โ10. Contact Us to Start Your Corporate Journey
โAre you ready to elevate your business to the status of a Public Limited Company? Let the experts at Pcachary.in handle the complexity while you focus on your growth strategy.
โPurna Chandra Achary
Channel Partner โ GST SUVIDHA CENTERS
Branch Suvidha Code: WB 093
- โHead Office: C-338 3rd, 4th and 5th Floor, Palam Extension Ramphal Chowk, Dwarka Sector-7, South West Delhi, Delhi โ 110075
- โFranchisee Office: Budge Budge, Kolkata, West Bengal โ 700137
- โMobile/WhatsApp: +91 9836812177
- โEmail: connect@pcachary.in
- โToll-Free: 1800 843 5500
- โWebsite: https://pcachary.in
โOur Commitment to Truth and Transparency
โIn line with our mission to remove the “overburden” from the shoulders of Indian businessmen, we promise a process free of hidden costs and full of professional integrity. Together, we can make awesome memories in the world of business.
