Private vs Public Company: Key Differences Under the Companies Act
"Public company" doesn't mean a listed company, and "private" doesn't mean small. The difference under the Companies Act, 2013 is about who can own shares, how freely they can be s…

Current 2026 MCA company-registration document checklist for directors, subscribers, registered office, foreign founders, OPC and Section 8 companies.
Last verified: 28 September 2026. MCA21 V3 verifies subscriber/director and registered-office information through SPICe+ and linked forms. The exact attachment set depends on whether the person already has DIN, whether a subscriber is foreign/body corporate, and the company type.
For proposed subscribers/directors without DIN, MCA's V3 FAQ specifically highlights:
Keep clear, current documents with consistent:
A mismatch between PAN and incorporation data is a common resubmission cause.
Common registered-office evidence includes:
MCA warns against:
The company's constitutional documents include:
For most normal incorporations these are completed through the current electronic linked-form workflow.
Do not attach an old scanned MOA/AOA when MCA requires the web-based e-form.
Depending on the case, incorporation includes prescribed declarations and consent information such as:
Use the current linked form generated by MCA.
An OPC additionally requires nominee-related information/consent and supporting identity/address evidence in the prescribed workflow.
Remember that current OPC rules permit an Indian citizen, whether resident in India or otherwise, as member/nominee subject to Rule 3.
A Section 8 incorporation can require:
A new Section 8 company does not file INC-12 for the licence; the licence is processed through SPICe+.
If a company/body corporate subscribes to the proposed company, prepare documents such as:
Foreign-body-corporate documents can require notarisation/apostille/consularisation.
MCA's SPICe+ FAQ distinguishes documentation by country of execution.
Depending on the country and Hague Convention/Indian consular rules, documents executed outside India can require:
Common documents include:
Do not apply the Indian PAN/Aadhaar checklist mechanically to a foreign national.
The people required to sign electronic incorporation forms need valid DSCs.
DSC is an electronic signing credential—not a company-registration document issued by MCA.
MCA can change portal labels, form versions and jurisdiction mappings. Always follow the live MCA21 V3 workflow and current instruction kit at the time of filing.
This article is published by TaxQue (ARB FinTech LLP) for general informational, educational, and business guidance purposes only. Tax laws, GST rules, MCA circulars, and judicial precedents are subject to frequent statutory revisions. This content does not constitute formal individualized tax, accounting, or legal counsel.
Comments are moderated. Only English and Hindi comments from verified Indian users are published.
"Public company" doesn't mean a listed company, and "private" doesn't mean small. The difference under the Companies Act, 2013 is about who can own shares, how freely they can be s…
A private limited company is the standard structure for a business that wants to grow, raise money or simply keep business risk away from the owners' homes and savings. It also bri…
A sole proprietorship is the quickest and cheapest way to start, but you are personally liable for every debt and it is hard to raise money. A private limited company costs more to…
From company registration and GST filings to annual MCA audits and tax planning, TaxQue provides complete consulting solutions for startups and enterprises.
Get expert tax tips, GST updates & compliance guides delivered to your inbox.
🔒 No spam. Unsubscribe anytime.