This table outlines the key differences between Private Companies and Public Companies based on various parameters such as naming conventions, capital requirements, membership, share transferability, and regulatory obligations.
|
Sr. |
Content |
Private
Company |
Public
Company |
|
1 |
Company's Name |
Company
should contain words "Private Limited" at the end of its name. |
Company
should contain words "Limited" at the end of its name. |
|
2 |
Paid up
Capital |
A company must have a Minimum Paid up
capital of Rs. 1 Lakh |
Whereas a public company must have Minimum
Paid up capital of Rs. 5 Lakh |
|
3 |
Minimum Number of Member |
Minimum
Number of Member required to form a private company is 2 |
Whereas
a public company required at least 7 member. |
|
4 |
Maximum
Number of Member |
Maximum Number of Member required in a
private company is restricted up to 50. |
Whereas there is no restriction of maximum
number of member in a public company. |
|
5 |
No. of Directors |
Minimum
No. of Directors present should be 2 |
Minimum
No. of Directors present should be 3 |
|
6 |
Transferability
of shares |
There is completely restriction on
transferability of the shares of a private company |
Whereas there is no restriction on the
transferability of the shares of a public company |
|
7 |
Public Deposit |
Private
company can accept deposits from Members of Company, Directors and their
relatives. A private company is prohibited from
inviting the public for subscription of its shares. Private
Company cannot invite public to subscribe for shares of debentures. |
Public
company can accept deposits from investors and company may have promotes of
their shares. A
private company is free to inviting the public for subscription of its
shares. Private
Company can invite public to subscribe for shares of debentures. |
|
8 |
Consent of
Directors |
There is no need to give the consent by the
directors of a private company |
Whereas the directors of a public company
must have file with the registrar a consent to act as director of a company |
|
9 |
Prospectus |
Statement
in lieu of prospectus not required even for first issue. |
Statement
in lieu of prospectus Or Prospectus required. |
|
10 |
Certificate
to Commence business |
A private company can commence its business
immediately after receiving the certificate of incorporation. |
Public company require both certificate - Certificate of incorporation and -Certificate to commencement of Business |
|
11 |
Share warrants |
A
private company cannot issue share warrants against its fully paid shares |
Whereas
public company can issue share warrants against its fully paid up shares. |
|
12 |
Right
shares |
A private company cannot issue right shares |
A public company can issue right shares. |
|
13 |
Minimum Subscription |
A
private company does not compile provision for minimum subscription. |
A
public company who wants to issue the new shares, requires to follow
provision for minimum subscription. a public company need to raise 90% of
issue amount within 60 days. |
|
14 |
Statutory
meeting |
A private company has no obligation to call
the statutory meetings of the member. |
A public company must call the statutory
meetings of the member within six month from the date of incorporation of
business.. |
|
16 |
Quorum |
The
quorum consist 2 Member in case of private company. |
The
quorum consist 5 Member in case of public company. |
|
17 |
Managerial
Remuneration |
No restriction in case if private company |
Total Managerial Remuneration in the case
of private company cannot excess 11% of the net profit. |
|
18 |
Privilege |
A
private company enjoys some special privilege. |
A
private company cannot enjoys some special privilege. |
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