What is the difference between a private company and a public company?


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Sr.

Basis

Section

Public section

Private section

1. Formulation of company

149

After receiving the certificate of commencement of business After receiving the certificate of incorporation
2 Minimum no. of members to form a company

12(1)

Seven Two
3 Maximum no. of members

12(1)

No restriction Fifty
4. Minimum paid up capital

Five lakhs rupees or such higher capital as may be prescribed. One lakhs rupees of such higher capital as may be prescribed.
5. Minimum no. of directors

252(1)

Three Two
6. Maximum no. of directors

259

Twelve for more than 12approval of Central Government is necessary. No such restriction.
7. Appointment of small shareholders Director

252(1)

Applicable if the company’s paid-up capital is Rs.5 Crore or more and having at least one thousand small shareholders. Not applicable.
8. Appointment of causal directors

252(1)

Applicable, subject to any regulation in the articles of the company. Not applicable
9. Subscription of shares

3(1)

No such restrictions. Prohibits any invitation to the public to subscribe for any shares in or debenture of the company.`
10. Issue of share warrants

114(1)

Can issue subject to authorization in the articles of the companies, with the previous approval of Central Government and in respect of fully paid  up shares Not applicable
11. Further issue of capital

81

Applicable, subject to certain exceptions. Not applicable
12. Audit committee

292A

Applicable to every public company whose paid-up capital is not less than five crores of rupees Not applicable
13. Statutory meeting

165

Shall hold within a period of not less than one months from the date at which the company is entitled to commence business Not applicable
14. Quorum for a general meeting

174(1)

Five members personally present Two members personally present
15. Appointment of proxy

176(1)

No restriction Not entitled to accept more than one proxy for each member.

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