SEO Sai Gr. Hosp.
209103 Points
Joined July 2016
'Private company' means a company which, by its articles;
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restricts the right to transfer its shares, if any;
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limits the number of its members to fifty not including
'Public company' means a company which is not a private company.
Key points of difference between a private limited and a public limited company are:
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A public limited company is a company listed on a recognized stock exchange and the stocks are traded publicly. On the other hand, a private limited company is neither listed on the stock exchange nor are they traded. It is privately held by its members only.
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The minimum number of members required to start a public company is seven. As against this, the private limited can be started with a minimum of two members.
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In case of a public company, it is compulsory to call a statutory general meeting of members. There is no such compulsion in case of a private company.
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The issue of prospectus or statement is mandatory in case of public company. However, this is not the case of a private company.
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The public company will require a certificate of commencement post incorporation to begin its operation. In contrast to this, a private company can start its business right after its incorporation.
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The transferability of shares is restricted completely in private limited company. While the shareholders of a public company can transfer their shares freely.
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Since there is a limited number of people and fewer restrictions, the scope of a private limited company is limited. In contrary, the scope of a public company is vast. This is because the owners of the company can raise capital from the general public and have to abide by may legal restrictions.
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There is a greater regulatory burden on a public limited company. This is because a great amount of information has to be made available to the public who are shareholders or prospective shareholders. A lot of money has to be invested in order to prepare reports and disclosures that match with the regulations provided by SEBI.
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A signed written resolution is received by holding general meetings of a private limited company.
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While it mandatory for public companies to appoint a company secretary, private companies may choose to do so only at their will.