Corporate Law · Foundation & Intermediate

Private Company vs Public Company

A private company restricts the transfer of its shares and cannot invite the public to subscribe. A public company can raise capital from the public and is subject to substantially heavier compliance.

The quick answer

The defining test is whether the company can invite public subscription. A private company cannot, and restricts share transfer through its articles; a public company can, and is regulated accordingly.

Side-by-side comparison

BasisPrivate CompanyPublic Company
Minimum membersTwoSeven
Maximum membersTwo hundred, excluding present and past employee membersNo limit
Minimum directorsTwoThree
Transfer of sharesRestricted by the articlesFreely transferable
Public subscriptionProhibitedPermitted, subject to compliance
Name must end withPrivate LimitedLimited
Compliance burdenLighter, with several exemptionsHeavier, including additional governance requirements

The exam angle

Note that a private company which is a subsidiary of a public company is treated as a public company for the purposes of the Act. This deeming provision is a favourite examination point.

Related comparisons

FAQs

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Can a private company become a public company?

Yes, through conversion by altering its articles and following the procedure prescribed under the Companies Act and the applicable rules.

Is a One Person Company a private company?

Yes. A One Person Company is a species of private company with a single member, and enjoys further procedural relaxations.

Does a private subsidiary of a public company keep its exemptions?

No. Where a private company is a subsidiary of a public company, it is treated as a public company for the purposes of the Act and loses the associated exemptions.

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