Public Limited Company Registration in Shimla, Himachal Pradesh – Features, Difference, Process, Eligibility Criteria, Benefits, Disadvantages, Documents Required

Overview of Public Limited Company registration in Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh.

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 Himachal Pradesh

Himachal Pradesh is a state in Northern India that has snow-laden mountains. The state is characterized by an extreme landscape featuring several peaks and river systems. Himachal Pradesh borders Punjab, Haryana, Ladakh, and Jammu Kashmir. It also shares an international border with the Tibet autonomous region in China. 90% of the state’s population resides in rural areas. Major sectors contributing to the economy of Himachal Pradesh are agriculture, hydropower, horticulture, and tourism. As per the Indian corruption study 2017, Himachal Pradesh is the least corrupt state in India.
Himachal Pradesh is ranked as the second-best performing state after Kerela in India on Human Development indicators. Agriculture is the main source of income and employment in Himachal Pradesh, and 90% of the total population residing in Himachal Pradesh depends directly or indirectly upon agriculture. Agriculture employs around 62% of the total workers in Himachal Pradesh. The main cereals grown in Himachal Pradesh are barley, maize, and rice, and apple is the principal cash crop grown in Shimla, Kullu, Chamba, Mandi, and Kinnaurdistricts.
After agriculture, hydropower is one of the primary sources contributing to Himachal Pradesh’s economy. The state has vast hydropower resources because of various perennial rivers flowing there. The high-capacity hydropower plants in Himachal Pradesh produce surplus electricity for its neighboring states like Delhi, Punjab, and West Bengal. Tourism is also one of the significant contributors to the economy of Himachal Pradesh. The state has breathtaking views that attract a lot of tourists all around the world, and Himachal Pradesh is preferred for adventure tourism by many tourists.
Capital- Shimla (Summer) and Dharamshala (Winter)

The startup ecosystem in Himachal Pradesh
The state has performed very well in the state startup ranking exercise 2018, and Himachal Pradesh has taken some major reforms to develop a robust startup ecosystem. According to the state startup ranking 2018, Himachal Pradesh has been acknowledged as an aspiring leader. In November 2016, the state government of Himachal Pradesh launched its startup policy called ‘Chief Minister Startup or Innovation Projects or New Industries Scheme.’ The vision of the Chief Minister’s startup policy is to turn the educated youth into entrepreneurs and job creators.
To develop entrepreneurial spirits in the young generation, the government of Himachal Pradesh is trying to build a strong and supportive startup ecosystem. Department responsible for building a strong startup ecosystem in Himachal Pradesh is the department of industries, and the Nodal Officer responsible for this task is the principal secretary (industries). To build a robust startup ecosystem, the state government has appointed a nodal team called startup and incentive cell with five members. The team’s task is to support the development of the startup ecosystem in the state.

Top business ideas in Himachal Pradesh
Floriculture
Himachal Pradesh has a group of climatic conditions which offer opportunities for the development of floriculture. You can set up a floriculture business and develop many floriculture products like flower seeds, live plants, etc. Himachal Pradesh has an agro-climatic condition that provides an ideal environment for the development of flowers and doesn’t need any additional planting material like expensive heating and cooling systems in the greenhouses. The floriculture business requires a considerable amount of investment and energy.

Fruit farming
Agriculture is the primary source of employment in Himachal Pradesh, and the fruit cultivation business is one of the best options for the startup. The vast tracts of land available in Himachal are perfectly suitable for growing fruits. Fruits farming is profitable and good for the environment as it helps prevent soil erosion and provides employment to the people. To set up a fruit farming business, you need a reasonable investment.

Photography
Shimla has beautiful views, and the natural beauty of Shimla attracts a lot of tourists. You can set up a photo studio in Himachal Pradesh. Many people prefer Himachal Pradesh for their pre-wedding photoshoot or destination wedding so by setting up a photo studio in Himachal Pradesh there are more chances of getting hired by them. Besides this, photographers work as freelancers, so if you are someone who likes to be their boss, then the photography business is undoubtedly meant for you.

Restaurant
If you have any idea about traditional Himachali food, you should open a restaurant in Himachal Pradesh. The traditional cuisine of Himachal Pradesh is very famous among tourists, so by opening a restaurant in Himachal, you will be able to express the Himachali culture to other people. For setting up a restaurant, you need a lot of capital for investment, and you should be able to run the business for at least six months without any profits.

Transport
Being a famous tourist site Himachal Pradesh attracts a lot of tourists. You can start a transport business in Himachal Pradesh and rent a two-wheeler or four-wheeler to tourists for exploring the state. Generally, the tourist prefers to explore the state in two-wheelers to enjoy the natural beauty of Himachal Pradesh to its fullest. For setting up transport businesses in Himachal Pradesh, you need reasonable investment, and you can start this business with two or three vehicles.

Hotel
Tourism is among the main sources of income and employment in Himachal Pradesh, so opening a hotel business for tourists is a good idea. People visit Himachal Pradesh for tourism, religious tourism, Heritage tourism, Eco tourism, and adventure tourism. So, opening a hotel in Shimla will help you in making huge profits. For setting up a hotel in Himachal Pradesh, you need a lot of investment, but once the business is established, it will be profitable. The government of Himachal Pradesh is also promoting tourism in the state which means that more tourists will come to Himachal Pradesh in search of hotels. Besides this, the state government exempts you from luxury tax if you open a hotel in the tribal area of Himachal Pradesh.

Salient Features of a Public Limited Company registered in Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

There are several differences between a private & Public Limited Company registered in Shimla, Himachal Pradesh 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-

Process of Public Limited Company Registration Online in Shimla, Himachal Pradesh

Step 1-Obtain DSC for the proposed Company in Shimla, Himachal Pradesh

As a first step towards registration in Shimla, Himachal Pradesh, 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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

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 Shimla, Himachal Pradesh

Therefore, a Public Limited Company registered in Shimla, Himachal Pradesh 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.