Public Limited Company Registration in Thiruvananthapuram, Kerala – Features, Difference, Process, Eligibility Criteria, Benefits, Disadvantages, Documents Required

Overview of Public Limited Company registration in Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala.

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 Kerala

Kerala is known as “God’s own country” because its enchanting houseboats on the backwaters provide composure to the tourists. Ecotourism initiatives, green scenic beauty, amazing beaches, elegant traditions incorporated with various dance forms, Ayurveda, herbal spas, and mouth watering cuisine attract many tourists to Kerela. Kerala gained its statehood on 1 November 1956 under the passage of the States Reorganization Act.
Kerala is the 21st largest Indian state in terms of area. Kerala shares its boundaries with Karnataka in the north and northeast, Tamil Nadu in the east and south, and the Lakshadweep Sea in the west. Kerala is the 13th largest Indian state in terms of population. Demographically, Malayalam is the official as well as the most widely spoken language of the state. More than half of the population follows Hinduism; other religions followed in Kerela are Islam and Christianity.
As per the survey conducted by the National Statistical Office, India, in 2018, Kerala has the highest literacy rate at 96.2%. Even the auto driver in Kerela speaks fluent English. Kerela has the lowest positive population growth rate in India at 3.44%. and it has the highest sex ratio, i.e., 1084 women per 1000 men. As per the Census of 2011, Kerala is the 2nd most metro political major state in the country, with a 47.7% population engaged in urbanization. As per the annual report of NITI Aayog of 2019, this state also won 1st rank in achieving the sustainable development goals. The economy of Kerala is the 8th-largest in India in terms of gross state domestic product (GSDP) as well as a per capita net state domestic product. The agricultural sector plays a significant role in the contribution of the GDP of the country, especially in products like coconut, tea, coffee, cashew, and spices are essential.
Capital- Thiruvananthapuram

Top business ideas in Kerala
Kerala is a beautiful state and seeks the attention of various investors and industrialists. Comparatively, Kerala has an affordable operating cost for start-up firms than other states. Kerala’s tourism sector has shown a boom in the last few years with around Rs 10 Billion annual investment and employment to more than 1 million people. Hence, Kerala tourism can provide immense opportunities for investors. Kerala is gradually becoming a knowledge-based industry as this state accolades India’s highest literacy rate. So, through this conversion, the startup companies can hire more competent, skilled, and knowledgeable candidates who can be valuable assets to the company. The most incredible and beneficial point is that Kerala is connected through every means of transport, railways, waterways, airways, etc.

Home Decoration Business
Home decoration is of lucrative business for an investor. Not only this, but also it provides employment to the women, making them self-independent. So, if one has the necessary skill set, this can be the perfect interior profitable small business option you must consider. As we move on to a more technological and scientific era, there is no need to set up small stores; instead, you can sell your products online. Products include wall arts, antique pieces, dining accessories, designer vases, and candles.

Electronics & Accessories Business
In this era of globalization, we are witnessing impressive growth in the Number of internet Users and Electronics items buyers. Nowadays, Mobile phones and laptops have become a basic necessity for every individual. These things are cheap and easily affordable by the people. Hence, this is a great business idea for investment. However, this industry has cut-throat competition in the market, both with national and international competitors. So, remember when you start this business, keep the Electronics products and accessories readily available and affordable to the reach of local buyers. Once your business grows, you can invest in high-end electronic manufacturing machines, thereby increasing your productivity. If you formulated the idea as prescribed, it is an extremely successful and cost-effective business idea.

Bakery Business
It is a lucrative and profitable small business idea as it doesn’t require much investment. Besides this, in this era of modernization and credible personalization, you can go with your creative ideas while offering or producing the products. However, to start this business in Kerala, you need to find an enough crowded location with an optimum parking facility. So, if you have the skills or skilled labor, you should invest in this bakery business.

Ayurveda tourism business
Kerala is among the favorite and attractive tourist destinations by both Indians and Foreigners. Sooner individuals across the globe are getting aware of the benefits of Ayurveda. On the other side, Kerala has a very pleasing climate with temperatures gliding between 23-29 degrees, sufficient natural wealth, and adequate rainfall. These climate conditions make Kerala preferably the best place for Ayurveda practices with tourism intact. Hence, to start this business, you will need skilled and experienced labor, property, and necessary equipment; then, you can set up the business model either in cities or countryside areas.

Startup Ecosystem in Kerala
Kerala is at its extreme point of bringing an industrial revolution. Even the youths are eager to pursue their dream by creating a new business idea rather than falling into the repetitive practice of regular employment. Various economic and demographic factors are responsible for the paradigm shift. Even the Government of Kerala has been proactively showing interest in creating various development programs for the inclusion of various plots by our young generation. The years counted from 2010 to 2021 have been proclaimed as the “Decade of Innovation” by our country. It is expected that Kerala will witness an exclusive wave of innovation and entrepreneurial enhancements from different sectors. This year, Kerala’s startup ecosystem will break the records and mark the next level of the quantum leap. Kerala acquires an eccentric business model by connecting Academics, Industries, R&D institutions, and Startups from all over the country.
The government of Kerala has planned to build a strong startup ecosystem through Kerala Startup Mission (KSUM) by constructing and enforcing a forward-looking policy for developing a robust startup ecosystem in the Kerala state to stimulate the growth of entrepreneurial business ideas. Startups in Kerala are finding unique solutions to the problems faced by society by using newer and better ways of experiments with enclosure of future technologies. Their strategy is to look beyond the conventional software production and IT sectors, as the incredible entrepreneurs and investors are being recognized in national and international level experts, forums as they explore new horizons to mark the next quantum leap.

Salient Features of a Public Limited Company registered in Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

There are several differences between a private & Public Limited Company registered in Thiruvananthapuram, Kerala 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 Thiruvananthapuram, Kerala

Step 1-Obtain DSC for the proposed Company in Thiruvananthapuram, Kerala

As a first step towards registration in Thiruvananthapuram, Kerala, 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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

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 Thiruvananthapuram, Kerala

Therefore, a Public Limited Company registered in Thiruvananthapuram, Kerala 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.