MEANING AND DIFFERENCE BETWEEN PRIVATE LIMITED AND PUBLIC LIMITED COMPANY

There are many types of companies, the most popular form are; private limited and public limited companies. Both have their own advantages and disadvantages. Therefore, an entrepreneur will have to choose the type of company depending upon the funding plans.

According to the Companies Act, 2013, ‘private company’ means a company which, by its articles;

1. restricts the right to transfer its shares, if any;
2. limits the number of its members to fifty not including

In simple words, the private limited company is a joint-stock company. However, it is governed under the ambit of the Indian Companies Act, 2013. It is formed by a voluntary association of persons with a minimum paid-up capital of 1 lakh rupees. While the maximum number of members is 200, it does not include the current employees or ex-employees who were members during their employment terms. Employees may continue to be members after their termination of employment in the company. Transfer of shares is restricted. It prohibits the entry of the public through subscription of shares and debentures. The term private limited is used at the end of its name.

According to the Companies Act, 2013, ‘public company’ means a company that is not a private company.

A public limited company is a joint-stock company. It is governed under the provisions of the Indian Companies Act, 2013. While there is no limit on the number of members, it is formed by the association of persons voluntarily with a minimum paid-up capital of 5 lakh rupees. The transferability of shares has no restriction. The company can invite the public to a subscription of shares and debentures. The term public limited is added to its name at the time of incorporation.

 

• The issue of prospectus or statement is mandatory in case of public company. However, this is not the case of a private company.
• The public company will require a certificate of commencement post incorporation to begin its operation. In contrast to this, a private company can start its business right after its incorporation.
• A public limited company is a company listed on a recognized stock exchange and the stocks are traded publicly. On the other hand, a private limited company is neither listed on the stock exchange nor are they traded. It is privately held by its members only.
• The minimum number of members required to start a public company is seven. As against this, the private limited can be started with a minimum of two members.
• In case of a public company, it is compulsory to call a statutory general meeting of members. There is no such compulsion in case of a private company.
• The transferability of shares is restricted completely in private limited company. While the shareholders of a public company can transfer their shares freely.
• Since there is a limited number of people and fewer restrictions, the scope of a private limited company is limited. In contrary, the scope of a public company is vast. This is because the owners of the company can raise capital from the general public and have to abide by may legal restrictions.
• There is a greater regulatory burden on a public limited company. This is because a great amount of information has to be made available to the public who are shareholders or prospective shareholders. A lot of money has to be invested in order to prepare reports and disclosures that match with the regulations provided by SEBI.
• A signed written resolution is received by holding general meetings of a private limited company.
• While it mandatory for public companies to appoint a company secretary, private companies may choose to do so only at their will.