Business Registrations
Difference Between Listed Company and Unlisted Company
As a business grows, the way it raises money and manages ownership starts to matter more.
5 min read
Convert Private Limited Company to Public Limited Company
Open the company to public investment. A public limited company can raise capital through a public issue, accept deposits, and let its shareholders sell their shares freely.
- Digital signature for the incoming directors
- Resolutions and the alteration of the MoA and AoA drafted
- Government approval for the conversion obtained
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- A fresh Certificate of Incorporation in the new name
- Application for the change in PAN and TAN
- Typically completed in 20 to 25 working days
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Converting a private limited company into a public limited company
What going public opens up, what it requires in members and directors, and why companies choose LegalWiz.in to handle the conversion.
Converting a private company into a public company opens a new set of opportunities, in fundraising above all and in reach of the market. The company can raise funds through a public issue and can accept deposits, neither of which a private company may do. It is the structure appropriate to medium and large scale businesses.
A minimum of seven members and three directors are required for the conversion. The rights, liabilities, powers and obligations of the company remain the same throughout, because it is the same company in a different form, and the restriction on the transfer of its shares is removed, so transfer becomes possible.
The conversion follows approval from the government and the alteration of the MoA and AoA. The suffix "Private Limited" is replaced with "Limited", and the company can begin operating as a public company from the date it receives its fresh Certificate of Incorporation.
- Shareholders
- Minimum 7
- Against 2 for a private company
- Directors
- Minimum 3
- Against 2 for a private company
- Authorised capital
- ₹5 lakh
- Against ₹1 lakh for a private company
- Name suffix
- “Limited”
- “Private Limited” is replaced
- Share transfer
- Unrestricted
- The restriction is removed on conversion
- Raising capital
- Public issue
- And the company may accept deposits
- Effective from
- The fresh CoI
- Operations as a public company start then
- Turnaround
- 20 to 25 working days
- Subject to government processing
Why companies choose LegalWiz.in
- An expert team of qualified CA, CS and lawyers
- A dedicated relationship manager with on-call support
- The entire conversion is handled online
- Quick turnaround and economical pricing
- Thousands of happy customers across every state in India
- Backed by secure technology
- Exclusive partner offers on web hosting, payment gateways and more
What the conversion covers
Your relationship manager and the filing team handle everything below. You supply the documents once and approve the drafts.
- Consultancy and assistance for the conversion
- Digital Signature Certificate (DSC) for the incoming directors
- Drafting of the necessary resolutions and affidavits
- Alteration of the Memorandum and Articles of Association
- Online filing of the form for the alteration of the MoA and AoA
- Filing of the application for conversion into a public company
- The fresh Certificate of Incorporation in the new name
- Application for the change in PAN and TAN
Government fees are charged at actuals. Seven shareholders and three directors have to be in place to meet the public company requirement, so the details and consent of the incoming people are needed before the filing.
What changes about the company
The name
The suffix "Private Limited" is replaced with "Limited". That needs the shareholders’ permission and an amendment to the MoA.
The name clause and the capital clause
Both are altered, along with the removal of the restrictions the definition of a private company imposes.
Who regulates you
The regulatory obligations extend beyond income tax and the ROC and MCA to SEBI, the RBI and others.
What stays the same
The rights, liabilities, powers and obligations of the company are unchanged, and the PAN details stay the same.
Benefits of converting into a public limited company
Raising capital through a public issue
The ability to issue shares to the public is the single biggest advantage. Listed on a recognised stock exchange the company can attract hedge funds, mutual funds and other institutional investors, and the amount that can be raised is far greater than a private limited company can reach.
Brand awareness
On going public and being listed on a stock exchange, more people come to know the company and what it does. That recognition brings business with it.
Limited liability
Each shareholder’s liability stays limited to the extent of their shareholding, exactly as it was before. The personal assets of the shareholders and members are not at risk.
Transferability of shares
Shares in a public limited company are easily transferable compared with a private one. Shareholders can sell and benefit from that liquidity, which is itself an incentive to invest, because nobody is bound to stay with the company forever.
Public limited against private limited
What actually changes on conversion. Open any row to read the detail behind both answers.
| Attribute | Public Limited Company | Private Limited Company |
|---|---|---|
| What it takes to set up | ||
| Minimum 7Seven members are required for the conversion to a public company. | Minimum 2Two shareholders are enough, and the same individual may also be a director. | |
| Minimum 3Three directors are required for a public company. | Minimum 2Two directors are enough, at least one of whom is resident in India. | |
| ₹5 lakhThe minimum authorised capital prescribed for a public company. | ₹1 lakhThe minimum authorised capital for a private company. | |
| “Limited”On conversion the suffix "Private Limited" is replaced with "Limited". The change needs the shareholders’ permission and an amendment to the MoA. | “Private Limited”The name of a private company ends with this suffix. | |
| Raising money | ||
| Public issueThe company can raise funds through a public issue and accept deposits. Listed on a recognised exchange it can attract hedge funds, mutual funds and other institutional investors, and the amount that can be raised is far greater. | Private onlyA private company raises capital privately, through private equity, ESOPs and the other routes open to it, and may not invite the public to subscribe. | |
| UnrestrictedShares are easily transferable, so shareholders can sell and benefit from that liquidity. The restriction on transfer is removed on conversion. | RestrictedShares transfer freely between members, but a transfer to a non-member requires the shares to be offered to existing members first. | |
| What it costs you | ||
| Several regulatorsBecause a public company deals with the public’s money it carries a higher statutory compliance burden. Its regulatory obligations are not restricted to income tax but extend to the ROC and MCA, SEBI, the RBI and others. | ROC and MCAA private company’s obligations run principally to the Registrar of Companies and the Ministry of Corporate Affairs, with the tax authorities alongside. | |
| Next step | Get started | Know more |
Swipe the table sideways, Public Limited Company stays in view. Open any attribute to read the detail behind both answers.
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What our clients say
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Documents required to convert into a public company
The personal set covers every shareholder and director, the incoming ones included. The last three are the company’s own papers.
PAN card
For every shareholder and director. A foreign national must provide a valid passport instead.
Identity proof
The voter ID, passport or driving licence of every shareholder and director.
Address proof
The telephone bill, electricity bill or latest bank statement of every shareholder and director.
Photographs
A recent passport size photograph of every shareholder and director.
Registered office proof
The electricity or telephone bill for the registered office address, a no objection certificate from the owner, and the rent agreement where the premises are rented.
Incorporation documents
The Certificate of Incorporation, and the MoA and AoA of the company.
Financial statements
A duly certified copy of the latest audited financial statements.
Income tax return
The income tax return filed for the previous financial year.
Convert into a public company in three easy steps
Step 01
Answer a few quick questions
- Spend less than 10 minutes on a simple set of questions
- Share the basic details and documents against the checklist
- Pay through a secure payment gateway
Step 02
Our experts take over
- You are assigned a dedicated relationship manager
- Digital signatures are procured for the incoming directors
- The MoA and AoA are altered and the incorporation documents drafted
- The conversion is filed and PAN and TAN are updated
Step 03
Your company is converted
- The whole process takes 20 to 25 working days
- A fresh Certificate of Incorporation is issued in the new name
Subject to government processing time.
How long the conversion takes
Twenty-five working days end to end, and two of the four phases are waits on the Ministry: the alteration has to be approved before the conversion itself can be filed.
Days 1 to 2
2 of 25 working days
- Consultancy and assistance for the conversion
- Collection of basic information and documents
- Application for the DSC of the new directors
Days 3 to 7
5 of 25 working days
- Drafting of the necessary resolutions
- Drafting of the other required documents and the affidavit
- Alteration of the MoA and AoA
- You return the drafted documents after signature
Days 8 to 15
8 of 25 working days
- Online filing of the form for the alteration of the MoA and AoA
- Government processing time to approve the application
Days 16 to 25
10 of 25 working days
- Online filing of the form applicable to the conversion
- Government processing time to approve the application
- Fresh Certificate of Incorporation issued
Subject to government processing time. The time taken depends on how quickly the documents are returned and on the speed of the government approvals.
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What does setting up a public limited company in India require?
A minimum of seven shareholders and three directors.
The minimum authorised capital prescribed for a public company is ₹5 lakh, against ₹1 lakh for a private company.
Does the company name have to change?
Yes. The suffix "Private Limited" is replaced with "Limited".
For that change the company has to seek permission from the shareholders and then make the required amendment to the MoA.
What additional liabilities does a public limited company carry?
Because it deals with the public’s money it has to take measures that increase its statutory compliance.
Its regulatory obligations are not restricted to income tax; they extend to the ROC and MCA, SEBI, the RBI and others. The stakes are higher than for any other company, so the extra measures are warranted.
How are the MoA and AoA altered?
Once the name approval letter is received from the ROC, the MoA and AoA are drafted.
The name clause and the capital clause are altered, along with the removal of the restrictions that the definition of a private company imposes.
When can the company start operating as a public company?
From the receipt of the fresh Certificate of Incorporation from the Registrar of Companies.
How long does the conversion take?
LegalWiz.in can convert a private limited company into a public limited company within 20 to 25 working days.
The time taken depends on how quickly the relevant documents are submitted and on the speed of the government approvals. Returning every required document promptly is what keeps a conversion on schedule.
Is a fresh GST registration required for the public limited company?
No. The company’s PAN details remain the same, so no new registration is needed.
An application for modification does have to be made to record the change of name. LegalWiz.in can file that at an additional cost.
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