|
Base
|
Private Ltd.
|
Public Ltd.
|
|
1. Minimum Paid-up
Capital :
|
A company to be Incorporated as a Private Company must have a
minimum paid-up capital of Rs. 1,00,000
|
A Public Company must have a minimum paid-up capital of Rs.
5,00,000
|
|
2. Minimum number of
members :
|
Minimum number of members required to form a private company
is 2
|
A Public Company requires atleast 7 members.
|
|
3. Maximum number of
members :
|
Maximum number of members in a Private Company is restricted
to 50
|
There is no restriction of maximum number of members in a
Public Company.
|
|
4. Transerferability
of shares :
|
There is complete restriction on the transferability of the
shares of a Private Company through its Articles of Association
|
There is no restriction on the transferability of the shares
of a Public company
|
|
5 .Issue of Prospectus
:
|
A Private Company is prohibited from inviting the public for
subscription of its shares, i.e. a Private Company cannot issue Prospectus
|
A Public Company is free to invite public for subscription
i.e., a Public Company can issue a Prospectus.
|
|
6. Number of Directors
:
|
A Private Company may have 2 directors to manage the affairs
of the company
|
A Public Company must have atleast 3 directors.
|
|
7. Consent of the
directors :
|
There is no need to give the consent by the directors of a
Private Company
|
The Directors of a Public Company must have file with the
Registrar a consent to act as Director of the company.
|
|
8. Qualification
shares :
|
The Directors of a Private Company need not sign an
undertaking to acquire the qualification shares
|
The Directors of a Public Company are required to sign an
undertaking to acquire the qualification shares of the public Company
|
|
9. Commencement of
Business :
|
A Private Company can commence its business immediately after
its incorporation
|
A Public Company cannot start its business until a Certificate
to commencement of business is issued to it.
|
|
10. Shares Warrants :
|
A Private Company cannot issue Share Warrants against its
fully paid shares
|
A Public Company can issue Share Warrants against its fully
paid up shares.
|
|
11. Further issue of
shares :
|
A Private Company need not offer the further issue of shares
to its existing share holders
|
A Public Company has to offer the further issue of shares to
its existing share holders as right shares. Further issue of shares can only
be offer to the general public with the approval of the existing share
holders in the general meeting of the share holders only.
|
|
12. Statutory meeting
:
|
A Private Company has no obligation to call the Statutory
Meeting of the member,
|
Public Company must call its statutory Meeting and file
Statutory Report with the Register of Companies.
|
|
13. Quorum :
|
The quorum in the case of a Private Company is TWO members
present personally
|
In the case of a Public Company FIVE members must be present
personally to constitute quorum. However, the Articles of Association may
provide and number of members more than the required under the Act.
|
|
14. Managerial
remuneration :
|
These restrictions do not apply on a Private Company.
|
Total managerial remuneration in the case of a Public Company
cannot exceed 11% of the net profits, and in case of inadequate profits a
maximum of Rs. 87,500 can be paid
|
|
15. Special
privileges:
|
A Private Company enjoys some special privileges
|
Are not available to a Public Company
|
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Difference Between a Private Ltd. And Public Ltd. Company
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