Under Section 2(71) Companies Act 2013, a 'public company' is defined as:
Aany company that has filed a prospectus offering shares for public subscription (cf. Companies Act 2013, Section 2(71)) (cf. Companies Act 2013, Section 2(71))
Ba company which is not a private company, and (in the case of a company having share capital) has minimum paid-up capital as prescribed (currently no minimum)
Cany company having more than 200 members on its register at any time (cf. Companies Act 2013, Section 2(71)) (cf. Companies Act 2013, Section 2(71))
Donly companies listed on a recognised stock exchange in India under SCRA 1956 (cf. Companies Act 2013, Section 2(71)) (cf. Companies Act 2013, Section 2(71))
Answer & Solution
Correct answer: B. a company which is not a private company, and (in the case of a company having share capital) has minimum paid-up capital as prescribed (currently no minimum)
1. Section 2(71) defines 'public company' as a company which (a) is not a private company; (b) has a minimum paid-up share capital as may be prescribed.
2. The proviso states that a company which is a subsidiary of a company, not being a private company, shall be deemed to be public company for the purposes of this Act even where such subsidiary continues to be a private company in its articles.
3. The minimum paid-up requirement was removed by the 2015 Amendment.
4. A public company need not be LISTED — listing is a separate concept under SCRA, 1956.
5. Hence option B is correct.
_Source: Companies Act 2013 (Act 18 of 2013), Govt. of India MCA — Companies Act 2013, Section 2(71)_
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