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