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Applicable Law |
Companies Act, 2013 |
Companies Act, 2013 |
Limited Liability Partnership Act, 2008 |
Indian Partnership Act, 1932 |
No specified Act |
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Registration |
Mandatory |
Mandatory |
Mandatory |
Optional |
No |
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PLC must be registered with MCA under the Companies Act |
Same as Private Limited Company |
LLP must be registered with MCA under the LLP Act |
Partnerships can be registerd or Unregistered, there are obvious benefits to register with the State ROF |
No registration required. Registration under MSME or GST act are considered valid for Proprietor Firms |
|
Number of Owners |
2 – 200 |
Only 1 |
2 – Unlimited |
2 – 50 |
Only 1 |
|
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Minimum of 2 to maximum of 200 shareholders excluding present or former employees who are members |
Only one shareholder |
Minimum 2 Designated Partners are required. No limit on the number of maximum partners |
Minimum 2 partners, and maximum 50 partners |
The proprietor can be the only owner of the firm |
|
Separate Legal Entity |
Yes |
Yes |
Yes |
No |
No |
|
|
PLC is a separate legal entity, and can enter into contracts or own assets in it’s own name |
Same as Private Limited Comapany |
Same as Private Limited Comapany |
Partnership firm does not have any separate identity from its partners |
Proprietor and business are the same, and hold same PAN number |
|
Liability Protection |
Limited |
Limited |
Limited |
Unlimited |
Unlimited |
|
|
Limited to the share capital subscribed (may vary if defined as limited by guarantee or unlimited liability in the MOA) |
Same as Private Limited Company |
Limited to the capital contribution agreed by the partner in the LLP Agreement |
Partners are jointly and severally liable to pay the debts of the Partnership Firm |
Paying off the liabilities of the firm is the proprietor’s responsibility |
|
Statutory Audit |
Mandatory |
Mandatory |
Based On Applicability |
Not Mandatory |
Not Mandatory |
|
|
Required to appoint a statutory auditor within 30 days of company incorporation |
Same as Private Limited Company |
Statutory audit required when turnover exceeds INR 40 Lac or contribution exceeds INR 25 Lac |
No statutory audit required. Tax audit applicable on basis of total turnover |
Same as Partnership Firm |
|
Ownership Transferability |
Yes |
Yes (Restricted) |
Yes |
Yes (Restricted) |
No |
|
|
Shares are easily transferable, so it makes it a most preferred option for raising capital through external investors |
There is only one owner in OPC. 100% shares need to be tranferred to change ownership |
Ownership can be changed with consent of other partners, by drafting a supplementary agreement |
Ownership is not easily transferable. Partnership deed outlines the restriction for transfer of ownership |
Ownership of the proprietorship is not transferable |
|
Perpetual Existence |
Yes |
Yes |
Yes |
No |
No |
|
|
Private Company prevails with change in ownership or management |
OPC has a perpetual succession, but can only have one owner at any time |
Change in Partners or Designated Partners does not affect the existence of an LLP |
Change in partner leads to dissolution or formation of another partnership firm |
Death or insolvency of proprietor dissolves the business |
|
Foreign Ownership |
Allowed |
Not Allowed |
Allowed |
Allowed |
Not Allowed |
|
|
Foreign nationals can invest as per RBI and FEMA guidelines, usually under the Automatic Route |
Member, nominee and director must be an Indian resident |
Foreign nationals can invest as per RBI and FEMA guidelines, usually under the Automatic Route |
Nnon Resident Indian (NRI) can be a partner in the Partnership Firm, subject to RBI regulations |
Foreign Nationals cannot own proprietorship business in India |
|
Taxability |
Moderate |
Moderate |
High |
High |
Low |
|
|
Lower rate of 25% for companies with gross turnover of INR 400 Crore. Additional dividend distribution tax may apply |
Same as Private Limited Company |
Tax rate of 30% on business profits, tax benefits to partners on profit distribution is high |
Same as LLP |
Tax rates for individuals apply to Proprietorship Firm, as per the Income Tax slab |
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Compliance Requirement |
High |
High |
Moderate |
Low |
Low |
|
|
Private company has the highest compliance requirements, both annual and event based |
OPC compliance requirements are similar to PLC, except conducting an Annual General Meeting (AGM) |
Annual filing and few event based filings are necessary, but lesser compliance requirements as compared to company structure |
ITR of partnership needs to be filed annually, no major compliance requirements otherwise |
No requirement to file a separate ITR. Very less to no compliance hassle |
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