Overview of Public Limited Company registration in Jaipur, Rajasthan

Starting a business of your own may be a huge accomplishment for you to finally gather courage & take a leap of faith in the right direction regardless of its scale of operations. But, you would want to ensure that you choose a business structure that could offer maximum benefits for you and you might want to look for options to choose from. Accordingly, if a business entity will need huge capital investments, may opt to be registered as a Public Limited Company in Jaipur, Rajasthan.

But, what is a Public Company? As per Section 2(71) of the Companies Act, 2013 a Public Company means a company that is not a private company. Further, a private company that is a subsidiary of a Public Company shall be deemed a Public Company.

In other words, a Public Limited Company is a company that doesn’t meet the definition of a private company i.e. it has at least seven members and at least three directors on its board and there is no upper ceiling for the maximum number of members as in the case of a private company.

Incorporation of a Public Limited Company with the Ministry of Corporate Affairs online portal grants legal recognition as well as affords all other privileges that are allowed to a body corporate such as limited liability, perpetual succession & a separate legal status. Not only this, a Public Limited Company is permitted by the law to raise capital from the public in general by listing their shares in a public stock exchange in India as well as from abroad.

However, since there is a larger amount of public interest involved in a Public Limited Company, it is often subject to more stringent compliances with many of the restrictive provisions of the Companies Act.

 

Public Limited Company in Rajasthan

Located in Northern India, Rajasthan is called the ‘Land of Kings’ because of the royal and valorous history of the state. It is the largest state in India in terms of area and the 7th largest state in terms of population. The state shares an international border with Pakistan and national borders with Haryana, Uttar Pradesh, Madhya Pradesh, and Gujarat. Officially the state was formed on 30 March 1949 after the merge of Rajputana (a name given by the British Raj) into the Dominion of India. The Thar desert, also known as the Great Indian Desert, is also in Rajasthan. Jaipur, the capital of Rajasthan, is also the largest city in Rajasthan. The state stands 29th on the State Human Development Index, and it has the seventh-largest state economy in India. The major religious group in Rajasthan are Hindus, followed by Muslims, Sikhs, and Jains.
The economy of the state is primarily dependent on agriculture and pastors. The state is the largest edible oil producer and the second-largest oil seed producer in India. The states suffer from water scarcity, and irrigation is done from wells and tanks. Rajasthan is the highest wool and opium-producing state in India. After agriculture industries are the other source of economic development in Rajasthan, it is the second-largest polyester fiber and cement producer in India. Besides this, Rajasthan has various chemical and engineering companies located in Kota. The marble used in manufacturing the Taj Mahal was also mined from Rajasthan.
Capital- Jaipur

The startup ecosystem in Rajasthan
Rajasthan is entitled as the leader in the state’s startup ranking 2019. Rajasthan has successfully attracted investment in diverse sectors such as Auto and Engineering, tourism, Electronic System Design and Manufacturing (ESDM), renewable energy, mines, and minerals. Through policy incentives and a skilled workforce, the sectors like Information Technology (IT) and Information Technology Enabled Services (ITES) have gained momentum in the state, thus building a strong startup ecosystem. To ignite the entrepreneurship spirit in the people of Rajasthan, the state government outlined its startup policy in 2015. The name of the state’s startup policy is ‘Rajasthan Startup Policy 2015,’ and it aims to convert ideas into potential businesses and promote entrepreneurship spirit in people. The state government has smartly analyzed state-level challenges and tried to help startups build low-cost, indigenous, and technology-enabled solutions to those challenges. The main objectives of Rajasthan startup policy 2015 are as follows: –
The Rajasthan government aims to establish 15 incubators or incubator-like organizations through the policy.
The policy outlines to develop and facilitates 100,000 square feet of incubation space to build a robust startup ecosystem.
The Rajasthan Government targets to support and incubate 500 innovative startups through the policy.
The Rajasthan government is mobilizing angel and venture capital of 500 crores for startups to ensure a supportive startup ecosystem.
And lastly, through the policy, the state government is trying to develop an innovation and problem-solving culture in the state to overcome the regional challenges.

Top startup ideas in Rajasthan
Rajasthani ethnic wear
Rajasthan is full of color and culture. Fabrics like Leheriya, Bandhini, BarmeriBagru, Sanganeri, and Kota Doria are famous worldwide. You can set up an online Rajasthani fabric boutique with the help of local women. With the online Rajasthani fabric boutique business, you will be able to sell products all around the world. This low-investment business needs patience and effort at the initial stage.

Blue pottery business
One of the oldest recognized souvenirs from Rajasthan is blue pottery. These beautiful potteries are designed with the help of cobalt blue dyes with a local blend of Multani mitti powder, glass, and quartz stone. You can make bowls, plates, coasters, trinkets, flower pots, and vases and sell them online. You can have local, national, and international customers by setting up an online blue pottery business. A blue pottery business store is a low-investment, high-profit idea that you can start with the help of local artisans.

Rajasthani ethnic jewelry business
The jewelry of Rajasthan is as unique as its clothes and climate. The jewelry of Rajasthan has an intricate and renowned level of detail and exquisiteness that attract a lot of foreigners and local tourist. The traditional jewelry of Rajasthan is unique and explicit, so setting up an ethnic jewelry store in Rajasthan is a profit-yielding business that requires considerable investment. With the help of local artisans, you can set up an ethnic jewelry store in Rajasthan; besides, you can make your business global by setting up an online store.

Traditional spice business
The Rajasthani cuisines are so delicious because of the Rajasthani spices. You can set up a Rajasthani spice business with hand-blended spice mixes and other local spices of Rajasthan. For establishing an online Rajasthani spice store business, you need to have a good knowledge and taste of Rajasthani spices.

Rajasthani art gallery
The art of Rajasthan is unique and well known for its jewels, fabrics, and handicrafts. You can establish a local art gallery in Rajasthan to attract tourists. In your art gallery, you can showcase local artists’ art, so you need to partner with the talented local artist of Rajasthan. In a local art gallery business, you can make a profit in two ways, first by selling tickets and second by earning a commission on every sale that you make. The primary requirement of opening a local art gallery is a good network of local artists and a considerable amount of investment. If you have a good investment, you can also use the space to host workshops and exhibition handicraft fares two generate side revenue and make more income.

 

Salient Features of a Public Limited Company registered in Jaipur, Rajasthan

Number of Directors

Unlike a One Person Company or a private limited company, the primary requisite for starting a public limited company which will need at least three directors with no upper ceiling for the maximum number of directors.

Body Corporate

Since a Public Limited Company is a body corporate it enjoys limited liability, perpetual succession, and a separate legal status apart from its members in the eyes of law. Accordingly, in the event of debts or losses, the liability of any member could not go beyond his agreed contribution which is unlike in the case of a partnership firm or a sole proprietorship firm where the partners and business owners are jointly and severally liable for the debts of the business.

Paid up Capital

To start a Public Limited Company, there must be a minimum paid-up capital of Rs. Five or any higher amount prescribed by the Government under the Act.

Addition of word ‘Limited’ with name

Unlike a private company, which adds a ‘private limited’ after its name, every Public Limited Company must add ‘Limited’ after its name in every official publication.

 

Difference between Private & Public Limited Company registered in Jaipur, Rajasthan

Difference between Private & Public Limited Company registered in Jaipur, RajasthanThere are several differences between a private & Public Limited Company registered in Jaipur, Rajasthan which have their own advantages & disadvantages in each of them. Hence, every entrepreneur may choose their business structure before establishing their company by analyzing each concept in depth. The primary differences have been provided below-

 

Points of Difference Public Limited Company Private Company
Meaning A Public Limited Company is publicly owned & traded on the stock exchange A private company is privately owned & traded.
Use of Suffix Limited is added after the name of the Public Limited Company i.e. XYZ Ltd. Private Limited can be used after the name of the private company LKJ Pvt. Ltd
Directors Three directors are required for the public limited company registration process Two directors have required for setting up a private limited company.
Independent Director For a public limited company, independent directors must be recruited by the Board. Since there is no public interest involved, no requirement for an Independent director
Members or Shareholders A minimum of seven members is required for public limited company registration Three Members are required for a private limited company
Start of Business A certificate of commencement of business is required along with a certificate of incorporation. Only a certificate of incorporation is required to start the business.
IPO A Public Limited Company is allowed to raise capital from the public by inviting them to contribute to the capital of the company in IPO.

.

A private company cannot go for an initial public offering unless it gets converted into a Public Limited Company.
Disclosure of Financial Statements Every Public Limited Company is required to disclose its financial statements quarterly as well as financially. Not required

 

Process of Public Limited Company Registration Online in Jaipur, Rajasthan

Step 1-Obtain DSC for the proposed Company in Jaipur, Rajasthan

As a first step towards registration in Jaipur, Rajasthan, the company should first obtain a class 3 category digital signature certificate from a government-recognized certifying authority available online, which takes around one or two days. DSC is the most important part of filling incorporation application online with MCA as it enables the company to e-verify its documents & attachments online.

Step 2- Make an application for allotment of DIN in Jaipur, Rajasthan

Next, at least three directors of the proposed directors of the Public Limited Company will be required to obtain DIN to become directors of the company. Basically, there are two ways to apply DIN from the MCA portal-

i. File a separate application for DIN allotment through DIR-3 in Jaipur, Rajasthan

The Form DIR-3 is an e-form filed for the purpose of making an application online for the allotment of DIN for a single individual director who wishes to become a director in an existing company. To file this form, proof of identification such as PAN, Aadhaar Card, etc, and address proof of the proposed director are required.

ii. Apply for DIN through the incorporation form SPICe+ in Jaipur, Rajasthan

From 23.02.2020, the proposed director of a new company who is going to become a director for the first time could apply for DIN allotment within the SPICe+ form for up to three directors and doesn’t need to file the form separately.

Step 3-File the multipurpose form SPICe+ for incorporation in Jaipur, Rajasthan

The SPICe+ form for the incorporation of a new company which came into effect on 23 February 2020, is a multi-purpose web-based application that not only facilitates the incorporation of the company but also offers facilities in two parts A & B for –

  • Application for allotment of DIN (up to three directors)
  • Reservation of company name (RUN)
  • Application for PAN and TAN (mandatory)
  • Application for EPFO registration (mandatory)
  • Application for ESIC registration (mandatory)
  • Application for Professional tax registration (for Maharashtra only)
  • Application for opening a bank account (mandatory to file)
  • Allotment of the GST identification number (GSTN)

To start the process of incorporation, all these e-forms have to be downloaded in PDF format, filled & signed digitally, and submitted online. Further, the user has also to download & fill SPICe+ form and affix a digital signature followed by a certification of the fulfillment of all compliances from a professional such as CA/CS or CMA. There is no fee applicable for the incorporation of a company with less than 10Lakhs of authorized capital.

Step 4- Filling & Submission of MOA & AOA in Jaipur, Rajasthan

Next, the proposed company needs to file the drafted Memorandum of Association (MOA) & the articles of association (AOA) of the company in e-format. Memorandum & Articles of Association which represent the primary charter of the company as well as its bye rules for internal organization. The format for MOA & AOA has been prescribed in the form e-MoA (INC-33) and e-AoA (INC-34) respectively. After putting digital signatures by the subscribers to the Memorandum and Articles of Association, they could be submitted.

Earlier, the MOA & AOA needed to be filed physically, but now these have also been integrated with the incorporation form SPICe+.

Step 5-Approval & Getting COI in Jaipur, Rajasthan

After submission of the SPICe+ form along with all required documents & attachments, the MCA authority will carry out verification of the documents & on being assured of its genuine, may issue the Certificate of Incorporation which contains a unique CIN number along with PAN & TAN number & other unique identification numbers as allotted after approval of the SPICe+ Form by way of an email on the registered e-mail address.

 

Eligibility Criteria for Public Limited Company Registration in Jaipur, Rajasthan

i. Minimum amount of shareholders & directors- To start a Public Limited Company, the company needs to have at least seven members who subscribe to the Memorandum of Association of the company and at least three directors on its board. Though, there are no restrictions regarding the maximum number of directors or members a Public Limited Company can hold.

ii. Resident Director-The another requirement to start a Public Limited Company in India is having at least one resident director i.e. who has resided for at least 182 days during the immediately preceding year irrespective of their citizenship, who will be primarily responsible for the compliance of the company. It is to be noted that the number of days required for the calculation of 182 days could be in phases.

iii. Registered Office Address-Every Public Limited Company should have a temporary address at the time of registration of the company for communication purposes. Further, within a period of 30 days, the company needs to have a registered office address and proof of address must be submitted online.

iv. Unique Name of Company– For the purpose of eligibility, the company so proposed should be unique i.e. it should not be too closely similar to any already existing business and should not be a name in violation of the National Emblems Act 1950. The name of the company should suggest its business objectives which could be either a single objective or a multifaceted object.

v. Legal Object– The proposed company shall also have a legal object of business for its incorporation and not for any illegal purpose or posing any not misuse or harm the society, which should be described in the object clause of the Memorandum of Association (MOA) of the company.

vi. DIN for all Directors- As provided under sections 153 and 154 of the Companies Act, 2013, the Director Identification Number is a unique number mandatorily required to be obtained by a director in a company by making an application to MCA in e-form DIR-3.  However, for a first-time director for a new company, an application for DIN allotment could be made along with the incorporation form SPICe with MCA.

vii. Digital Signature Certificate (DSC)-Since all the documents & attachments have to be filed online, it will be mandatory for the directors of the Public Limited Company to obtain a DSC. A DSC helps to verify the authenticity of filling documents filed & submitted during incorporation and thereafter.

viii. Certificate of Compliance– After all the documents are drafted & prepared, the prospective Public Limited Company will need to obtain a certificate of compliance from a professional such as a CA/CS/CMA, that all the declarations for incorporation of a Public Limited Company have been genuinely made.

 

Benefits of Public Limited Company Registration in Jaipur, Rajasthan

i. Limited Liability- Unlike a partnership firm, a Public Limited Company is a legal person whose assets& liabilities are separate from its members and thus the members of the company have limited liability towards the debts of the company, which cannot go beyond their agreed contribution to the capital of the company made by them in correspondence to the nominal value of their shares.

ii. Transparent & trustworthy– Since there is a larger public interest involved in a Public Limited Company in the form of investment, hence it is subject to higher compliances such as fillings of financial statements & annual returns, the Government demands more transparency from such companies in the form of compliances and intimations about changes from time to time.

iii. Easier Transfer of Shares- As per the provisions of the Companies Act 2013, the members in a Public Limited Company have no maximum limit, thus the shares of a Public Limited Company could be easily transferred from one person to the other. Especially for listed public companies, the prices of shares are quoted on a stock exchange, thus it is easier for anyone to sell or buy shares in the company

iv. Perpetual Succession– Unlike a partnership firm, a Public Limited Company enjoys perpetual succession, which means irrespective of the events like death, insolvency or any disability of its partners shall not affect its legal status. It continues to live until & unless it is legally dissolved through the prescribed procedures.

v. Ease to raise funds- A Public Limited Company having more members than any other business entity has access to more capital which also helps them in obtaining loans from banking & financial institutions and even from investors who join as a shareholder. Due to this, they can even enter negotiations to demand favorable rates of interest and conditions for repayment of loans. Additionally, a Public Limited Company can also offer debt securities for the purpose of extra funds for business expansion purposes.

vi. Better Growth and Expansion Opportunities-Compared to any other business entity, a Public Limited Company has several sources of gaining capital such as the fresh issue of shares, issue of debt securities, and loans from banks & financial institutions, there is always a strong probability of strong market presence and growth opportunities. Thus, it is significantly easier for a Public Limited Company to expand its business operations and get growth opportunities as compared to entities like private companies or LLPs who have to work relatively harder to raise funding or get investments.

 

Disadvantages of a Public Limited Company registered in Jaipur, Rajasthan

  1. Higher cost of Compliances– As aforementioned, in the case of a Public Limited Company, there is more public interest attached to the business management decisions and their consequences. Accordingly, it has to fulfill more compliances than other business entities, and hence there are higher costs of compliances.
  2. Problems with Decision Making- Unlike a private company, where the number of members is limited, the number of shareholders is significantly larger, and no key decision related to the business could be made without the approval of shareholders. Thus, for making any business decision, the board of directors has to lay it in front of the shareholders and pass a resolution for carrying matters forward, which takes a longer time & effort.

 

Documents Required For Public Limited Company registration in Jaipur, Rajasthan

Documents Required For Public Limited Company registration in Jaipur, Rajasthan

i. Proof of Identification of all the proposed members and directors;

ii. Proof of residence of all the proposed directors and shareholders.

iii. Address Proof for the proposed registered address of the company such as utility bills.

iv. PAN Card of the proposed members;

v. In case the office property is rented, a NOC from the owner of the property

vi. Copy of proposed memorandum & articles of association of the company;

vii. DSC (Digital Signature Certificate) & DIN (Director Identification Number) of all the proposed directors.

 

Conclusion of Public Limited Company registration in Jaipur, Rajasthan

Therefore, a Public Limited Company registered in Jaipur, Rajasthan is a business entity that allows benefits of better funding & growth opportunities for entrepreneurs, which could be incorporated by following a simple and convenient process. So, get your company incorporated and start your journey today.