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Difference between a Private Ltd.

And Public
Ltd. Company

Base Private Ltd. Public Ltd.

1. Minimum Paid-up A company to be Incorporated A Public Company must have


Capital : as a Private Company must a minimum paid-up capital of
have a minimum paid-up Rs. 5,00,000
capital of Rs. 1,00,000
2. Minimum number of Minimum number of members A Public Company requires
members : required to form a private atleast 7 members.
company is 2
3. Maximum number of Maximum number of There is no restriction of
members : members in a Private maximum number of
Company is restricted to 50 members in a Public
Company.
4. Transerferability of There is complete restriction There is no restriction on the
shares : on the transferability of the transferability of the shares of
shares of a Private Company a Public company
through its Articles of
Association
5 .Issue of Prospectus : A Private Company is A Public Company is free to
prohibited from inviting the invite public for subscription
public for subscription of its i.e., a Public Company can
shares, i.e. a Private issue a Prospectus.
Company cannot issue
Prospectus
6. Number of Directors : A Private Company may have A Public Company must have
2 directors to manage the atleast 3 directors.
affairs of the company
7. Consent of the directors : There is no need to give the The Directors of a Public
consent by the directors of a Company must have file with
Private Company the Registrar a consent to act
as Director of the company.

8. Qualification shares : The Directors of a Private The Directors of a Public


Company need not sign an Company are required to sign
undertaking to acquire the an undertaking to acquire the
qualification shares qualification shares of the
public Company
9. Commencement of A Private Company can A Public Company cannot
Business : commence its business start its business until a
immediately after its Certificate to commencement
incorporation of business is issued to it.
10. Shares Warrants : A Private Company cannot A Public Company can issue
issue Share Warrants against Share Warrants against its
its fully paid shares fully paid up shares.
11. Further issue of shares : A Private Company need not A Public Company has to offer
offer the further issue of the further issue of shares to
shares to its existing share its existing share holders as
holders 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 Public Company must call its
obligation to call the Statutory statutory Meeting and file
Meeting of the member, Statutory Report with the
Register of Companies.
13. Quorum : The quorum in the case of a In the case of a Public
Private Company is TWO Company FIVE members
members present personally 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 These restrictions do not Total managerial


remuneration : apply on a Private Company. 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 Are not available to a Public
some special privileges Company

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