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Entering the arena of the public market is a pivotal step for any business aiming to capitalize on the myriad advantages and opportunities it presents. Registering as a public company, or more specifically, a public limited company, signifies a new dawn, offering the potential for enhanced capital, prestige, and the promise of an expanded shareholder base. This move, however, is not without its complexities and mandates a thorough understanding of the regulatory landscape, a landscape that distinguishes sharply between a public company vs a private company. The significance of this transition cannot be overstated, as it encompasses not only potential financial growth but also a higher level of transparency and accountability to a broader audience including the public service company of Oklahoma and its equivalents across regions.

The process of becoming a public listed company in India involves a series of meticulously outlined steps, starting from obtaining a Digital Signature Certificate (DSC) to the final acquisition of the Certificate of Incorporation. This comprehensive walkthrough will guide you through acquiring the Director Identification Number (DIN), reserving your company name, and preparing the essential documents that underscore the formation of a public company limited. Additionally, it will delve into the submission process, including the filing of the SPICe+ Form (INC-32), drafting of the Memorandum and Articles of Association (MOA and AOA), and culminating in the payment of requisite fees. Understanding these steps is crucial for navigating the advantages and disadvantages of becoming a public limited company, ultimately laying a solid foundation for your business’s future growth and success in the public domain.

Step 1: Obtain Digital Signature Certificate (DSC)

Why DSC is Needed

The Information Technology Act, 2000 mandates the use of Digital Signatures on documents submitted in electronic form to ensure their security and authenticity. This requirement covers all filings done by companies and Limited Liability Partnerships (LLPs) under the MCA21 e-Governance program, making Digital Signature Certificates (DSCs) essential for the electronic submission of documents. These certificates serve as a digital proof of identity and are legally admissible in a Court of Law, aligning with the provisions of the IT Act, 2000.

Requirements for Obtaining DSC

To apply for a DSC, the applicant must provide certain documents that verify their identity and address. The basic requirements include:

These documents need to be submitted to the Certifying Authorities (CAs) appointed by the Controller of Certification Authorities (CCA). Each applicant must ensure that the documents provided are clear and duly attested, where necessary.

How to Apply for DSC

The process of obtaining a DSC involves several steps, outlined below:

  1. Visit a Certifying Authority’s Website:
    Visit the website of a licensed Certifying Authority. There are several CAs authorized under the IT Act, 2000, to issue DSCs. The list of these authorities can usually be found on the Ministry of Corporate Affairs portal.
  2. Fill Out the Application Form:
    Select the required class of DSC (Class 2 or Class 3, as Class 3 is often required for higher-security needs) and fill in the necessary details such as:
    • Type of DSC (Only Sign or Sign & Encrypt)
    • Applicant’s name and contact details
    • Residential address
    • GST number & identity details of proof documents
    • Declaration
  3. Submit Proof of Identity and Address:
    Upload the supporting documents for proof of identity and address. These documents must be attested by an officer authorized to do so, ensuring that the attestation is visible on the documents.
  4. Make Payment:
    After filling out the application form and uploading the necessary documents, proceed to make the payment through available online modes like net banking, credit cards, or UPI.
  5. DSC Issuance:
    Upon submission and verification of the application and documents, the CA will issue the DSC. It is typically provided on a secure USB token, which is sent to the applicant by post.

By following these steps, applicants can successfully obtain a Digital Signature Certificate, enabling them to authenticate documents electronically and comply with legal and procedural frameworks in India.

Step 2: Acquire Director Identification Number (DIN)

Importance of DIN

The Director Identification Number (DIN) is a unique 8-digit code essential for anyone intending to become a director at a company in India. Introduced by the Companies (Amendment) Act, 2006, the DIN is not only a legal requirement but also a tool for enhancing corporate governance and transparency. It ensures accountability and aids in tracking the activities of directors, thereby preventing fraud and maintaining a comprehensive corporate database.

Process of Obtaining DIN

Obtaining a DIN is a structured process that varies slightly depending on whether the individual is joining a new company or an existing one. For new companies, the application for DIN should be made through the SPICe form at the time of incorporation. Conversely, for existing companies, the prospective director must file eForm DIR-3. The steps involved typically include:

  1. Registration on MCA Portal:
    First, register on the MCA21 portal to obtain a login ID, which is necessary for form submission and fee payment.
  2. Filling the Application Form:
    Complete the eForm DIR-3 or SPICe form depending on the situation, attaching a recent photograph and scanned copies of required documents.
  3. Digital Signature:
    The form must be digitally signed by the applicant and verified by a company secretary, director, or CFO of the existing company.
  4. Payment of Fees:
    A fee of Rs. 500 must be paid electronically through net banking or credit card. The form is processed only after the fee payment.
  5. Verification and Approval:
    If the application is not flagged as a potential duplicate, an approved DIN is issued. If flagged, it undergoes further verification, and a provisional DIN may be issued initially.

Documents Required for DIN

To apply for a DIN, various documents must be submitted to verify the identity and address of the applicant. These include:

It is crucial for applicants to ensure that all documents are valid, correctly filled, and self-attested where required. Any discrepancy or non-compliance with these requirements can lead to the rejection of the DIN application.

Step 3: Name Reservation

Choosing a Unique Name

Selecting the right name for a public company in India is a critical step that requires careful consideration. The name should be distinctive and not similar to any existing company or trademark. It should clearly reflect the company’s business activity without causing confusion or misleading potential customers. The Ministry of Corporate Affairs (MCA) provides guidelines under the Companies Act, 2013, emphasizing the importance of a unique name that adheres to legal standards and avoids prohibited terms.

Procedure for Name Reservation

The process of reserving a name for a new company or changing an existing one involves several key steps:

  1. Preparation and Submission:
    • Applicants should use the Reserve Unique Name (RUN) web service available on the MCA portal. This service allows for the verification of the uniqueness of the proposed company name.
    • The application can be submitted through SPICe+ Part A for new applications or through the RUN web-form for existing companies seeking a name change.
  2. Document Requirements:
    • Provide two proposed names in order of preference.
    • Specify the type of company (e.g., new company, OPC, Producer company).
    • Include the main business activity of the company.
    • If applicable, provide the Corporate Identification Number (CIN) for changes in the company name.
  3. Payment of Fees:
    • The government fee for name reservation is Rs. 1000/- for a Private Limited Company and Rs. 200/- for a Limited Liability Partnership. This fee is payable online and is non-refundable.
  4. Processing and Approval:
    • The Central Registration Centre (CRC) processes the application, typically within 2-3 working days.
    • If the name is available and approved, the MCA will issue a name approval letter. If not, the application may be sent for resubmission.
  5. Reservation Period:
    • Once approved, the name is reserved for 20 days from the date of approval, extendable up to 60 days on payment of additional fees.

Tips for Selecting Name

When choosing a name for your company, consider the following tips to enhance the chances of approval and to make the name effective:

By following these guidelines and procedures, one can effectively navigate the complexities of naming a public company in India, ensuring compliance with legal norms and enhancing the brand’s market presence.

Step 4: Prepare Required Documents

List of Mandatory Documents

To ensure a smooth registration process for a public limited company, certain documents must be meticulously prepared and submitted. These include:

  1. Identity and Address Proof of Directors and Members:
    • PAN Card for Indian nationals and Passport for foreign nationals.
    • Aadhar Card, Voter ID, or other government-issued identity documents.
    • Recent bank statements or utility bills (not older than two months) as proof of address.
  2. Proof of Registered Office:
    • If owned: Property documents along with a No Objection Certificate (NOC) from the property owner.
    • If rented: Notarized copy of the lease/rent agreement and NOC from the landlord.
  3. Company’s Constitutional Documents:
    • e-MoA (INC-33) and e-AoA (INC-34), which outline the constitution of the company and its operational rules.
  4. Digital Signature Certificate (DSC):
    • Class 3 DSC of the authorized director is required for signing the application form.
  5. Additional Declarations and Forms:
    • INC-9: Declaration by subscribers and directors.
    • DIR-2: Consent of individuals to act as directors.

These documents form the backbone of the legal framework of your company and must be accurately prepared and submitted.

How to Validate Your Documents

Validating your documents is crucial to prevent rejections or legal challenges. Follow these steps to ensure your documents meet the required standards:

  1. Ensure Accuracy:
    • Double-check all entries and information on documents for accuracy. Ensure that names, addresses, and other details exactly match across all documents.
  2. Document Attestation:
    • Have all copies of identity and address proofs attested by a gazetted officer or a notary public to confirm their authenticity.
  3. Professional Review:
    • Consider hiring a legal professional to review all documents and forms to ensure compliance with the Companies Act, 2013.
  4. Digital Compliance:
    • Ensure that all digital forms, especially the e-MoA and e-AoA, are correctly filled and digitally signed using the DSC.

Common Mistakes to Avoid

Several common pitfalls can delay the company registration process. Be aware of these frequent errors:

  1. Mismatched Information:
    • Avoid discrepancies in names or addresses across different documents. Consistency is key to a smooth verification process.
  2. Outdated Proof of Address:
    • Ensure that all address proofs are current, within the stipulated two-month period, to be considered valid.
  3. Improperly Notarized Documents:
    • All notarized documents must be clearly stamped and signed by a recognized notary. Ambiguities in notarization can lead to document rejection.
  4. Incomplete Forms:
    • All forms must be thoroughly and accurately completed. Incomplete forms are a common reason for the delay in the registration process.

By meticulously preparing and validating your documents and being mindful of common mistakes, you can streamline the process and avoid unnecessary complications in registering your public limited company.

Step 5: File SPICe+ Form (INC-32)

Understanding the SPICe+ Form

The SPICe+ Form (INC-32) is an integrated tool designed to streamline the company incorporation process in India. It combines multiple services into a single application, reducing the procedural complexity and time required to register a company. This form allows for the reservation of a company name, incorporation of the company, and applications for DIN, PAN, TAN, and various other registrations.

SPICe+ is divided into two parts: Part A for name reservation and Part B for all other services. It’s crucial to understand that Part A can be filed separately if only name reservation is sought initially. However, Part B, which deals with incorporation and other services, can only be processed after the name reservation in Part A is approved.

Step-by-Step Filing Process

  1. Accessing SPICe+ Form:
    • Navigate to the MCA Services section on the Ministry of Corporate Affairs website.
    • Select ‘SPICe+’ under the incorporation services.
  2. Filling Out Part A (If not already done):
    • Provide the proposed company name and check its availability using the auto-check feature.
    • Submit Part A and wait for name approval.
  3. Completing Part B:
    • Once the name is approved, proceed to fill out Part B.
    • Enter details such as the registered office address, details of directors and subscribers, and the company’s capital structure.
  4. Attachments Required:
    • Attach necessary documents including identity and address proofs of directors, Memorandum of Association (MoA), and Articles of Association (AoA).
  5. Pre-scrutiny Check:
    • Before submission, perform a pre-scrutiny check to ensure all information is correctly entered and documents are properly attached.
  6. Submission and DSC Affixation:
    • Submit the form after successful pre-scrutiny.
    • Affix digital signatures of the directors and a certified professional on the form.
  7. Payment and Acknowledgment:
    • Pay the required fees online.
    • Upon successful submission, a service request number (SRN) is generated for tracking the application status.

Common Errors and How to Fix Them

By carefully following these steps and addressing common errors, applicants can efficiently complete the SPICe+ Form (INC-32) submission, paving the way for a smooth incorporation process.

Step 6: Draft Memorandum and Articles of Association (MOA and AOA)

What is MOA and AOA

The Memorandum of Association (MOA) serves as the charter of the company, defining its relationship with shareholders and the objectives for which the company has been formed. It restricts the company to the activities mentioned within it, ensuring that all potential shareholders and stakeholders understand the fundamental aspects of the company. The Articles of Association (AOA), on the other hand, outlines the rules and regulations for the company’s internal governance, detailing the rights, duties, and powers of the company and its members.

Key Components of MOA and AOA

The MOA and AOA include several crucial clauses that dictate the operations and structure of the company:

Additionally, the AOA contains specifics about:

Tips for Drafting MOA and AOA

When drafting the MOA and AOA, it is essential to ensure clarity and compliance with the Companies Act, 2013. Here are some tips to consider:

  1. Clarity and Precision: Use clear language to avoid ambiguity, especially in defining the scope of company activities and member liabilities.
  2. Compliance with Law: Ensure all clauses are in line with the provisions of the Companies Act, 2013. Any deviation can render the document invalid.
  3. Consistency: Information provided in the MOA and AOA should be consistent with other registration documents submitted to the ROC.
  4. Professional Assistance: Consider consulting with a legal expert specializing in corporate law to draft these documents, ensuring all legal bases are covered.
  5. Regular Updates: Keep the documents updated in line with any changes in company policy or law. Amendments require approval during the company’s general meeting and subsequent registration with the ROC.

Drafting the Memorandum and Articles of Association accurately is crucial for the legal foundation and effective governance of the company. These documents not only define the company’s identity and operational blueprint but also ensure regulatory compliance and stakeholder understanding.

Step 7: Submission and Payment of Fees

Submission Procedure

After the Memorandum of Association (MOA) and Articles of Association (AOA) are prepared, the next crucial step involves the formal submission of the application for company incorporation. This is done through the Registrar of Companies (RoC) via the SPICe+ form, which must be completed accurately and attached with all required digital formats of the documents. The application process is initiated on the Ministry of Corporate Affairs (MCA) portal, where the filled SPICe+ form along with necessary documents is submitted.

Payment Guidelines

The fee structure for registering a public company in India is dictated by the company’s authorized capital. For companies with an authorized capital up to Rs. 15 lakhs, the MCA does not charge a fee. However, for companies with capital exceeding Rs. 15 lakhs, a fee of Rs. 500 is applicable for Part B of the SPICe+ form. Part A, which is filed for name approval, carries a fixed fee of Rs. 1,000. Payment can be made through various modes such as credit card, internet banking, or remittance at bank counters. It is essential to ensure that the payment is credited by checking that the bank drafts are properly cashed if this method is chosen.

Tracking Your Application

Once the application is successfully submitted and the fees are paid, applicants can track the status of their registration through the MCA portal. By navigating to the ‘View Company or LLP Master Data’ section under ‘MCA Services’, applicants can enter details like the Company/LLP name or the Corporate Identification Number (CIN) to access comprehensive information about the registration process. This transparency allows applicants to stay informed about the progress and any potential issues that might need addressing.

Step 8: Certificate of Incorporation

What to Expect After Submission

Once the application for incorporation is submitted along with all required documents, the Registrar of Companies (RoC) undertakes a detailed examination. This verification process is crucial as it ensures that all submitted information complies with the stipulations of the Companies Act, 2013. Applicants can expect the RoC to complete their initial review promptly, typically within two working days from the receipt of the application. During this period, any discrepancies or issues found in the application will be communicated to the applicants, allowing them to make necessary corrections.

Verification Process

The verification process by the Ministry of Corporate Affairs (MCA) is rigorous and methodical. Each document submitted, including the Memorandum of Association (MoA) and Articles of Association (AoA), is scrutinized for accuracy and compliance with legal standards. The MCA ensures that all procedural formalities have been accurately followed. If the documents are found to be in order, the MCA will proceed to issue the Certificate of Incorporation. This verification and approval process, under optimal conditions, can be expected to conclude within two working days following the submission.

Receiving Your Certificate

Upon successful verification of the documents, the Certificate of Incorporation (COI) is issued by the MCA. This certificate is a crucial document as it provides the company with its legal identity and includes important details such as the Company Identification Number (CIN), Permanent Account Number (PAN), and Tax Deduction and Collection Account Number (TAN). The COI is sent to the company’s directors via electronic mail, attached along with the PAN and TAN, thus marking the official registration of the company. This document serves as undeniable proof that the company is now registered with the Registrar of Companies and is authorized to commence business operations as per the objectives stated in the MoA.


Navigating through the intricate process of registering your public company in India indeed demands a deep dive into legal frameworks and meticulous compliance with procedural mandates. The journey from acquiring a Digital Signature Certificate to the triumphant moment of receiving the Certificate of Incorporation encapsulates a significant transition for any business, promising a future flourished with potential growth, accountability, and an expanded shareholder base. Through this detailed walkthrough, the complexities of each step have been unraveled, providing a roadmap tailored to guide emerging businesses and entrepreneurs towards successfully establishing their public identity in the vast and competitive Indian market.

This expedition not only equips businesses with the necessary knowledge and tools for seamless registration but also underscores the pivotal role of adherence to the legalities and regulations set forth by the Ministry of Corporate Affairs. As companies embark on this crucial phase of transition, understanding the implications, responsibilities, and the profound impact of becoming a public entity becomes paramount. The strategic insights offered aim to steer businesses towards realizing their aspirations of growth and success, ensuring that they are well-prepared to navigate the challenges and seize the opportunities that the public domain invariably presents.


How Do I Register a Public Company in India?

To register a public company in India, follow these steps:

  1. Obtain Digital Signature Certificate (DSC) and Director Identification Number (DIN).
  2. Choose and reserve your company’s name.
  3. Fill out and submit the SPICe+ form.
  4. Receive your incorporation certificate.
  5. Acquire your company’s Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN).
  6. File a declaration to commence business operations.

What Are the Requirements to Establish a Public Company in India?

To establish a public company in India, you must meet the following criteria:

What Steps Are Necessary to Form a Public Limited Company?

The necessary steps to form a public limited company include:

What Is the Cost to Register a Company in India?

The cost to register a company in India, specifically for a Private Limited Company, ranges from INR 6,000 to INR 30,000. This cost varies based on several factors, including the number of directors, members, the authorized share capital, and professional fees.

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