Similarities between an LLP and a Pvt Ltd Company
Not only distinctions, but these two structures also have similar characteristics to adhere to:
Aspect | LLP | Pvt Ltd Company |
Separate Legal Entity | Yes | Yes |
Limited Liability | Yes, partners’ liability is limited | Yes, shareholders’ liability is limited |
Registration | Registered under MCA | Registered under MCA |
Compliance | Annual filings required | Annual filings required |
PAN & TAN Requirement | Mandatory | Mandatory |
Taxation | Corporate tax applies | Corporate tax applies |
Perpetual Succession | Continues even if partners change | Continues even if shareholders change |
Foreign Investment (FDI) | Allowed in certain cases | Allowed under regulations |
Governing Body | MCA & ROC | MCA & ROC |
Profits Distribution | As per LLP agreement | As per shareholding |
Differences between an LLP and a Pvt Ltd Company
An LLP and a Pvt Ltd Company differ in various terms and aspects:
Particulars | Private Limited Company | Limited Liability Partnership (LLP) |
Governing Act | Companies Act | LLP Act |
Best For | Tech Startups, Medium Enterprises | Consultancy, Professional Services |
Owners | 2-200 Shareholders | 2-Unlimited Partners |
Capital Requirement | No minimum, but ₹1L advised | No minimum, ₹10K suggested |
Tax Rate | 25% | 30% |
Fundraising | Easy from investors | Difficult |
Share Transfer | Easy via AOA | Requires partner consent |
ESOPs | Allowed | Not allowed |
Legal Documents | MOA & AOA | LLP Agreement |
Compliance | More rules, audits, 4 board meetings, annual filings (AOC-4, MGT-7) | Fewer rules, no board meetings, audits only if turnover > ₹40L, filings (Form 8, Form 11) |
Registration Form | SPICe+ | FiLLiP |
Dissolution | Complex (Form STK-2) | Easier (Form 24) |
Funding Options | Can raise funds from VCs, Angel Investors, Equity Shares | Limited funding, mainly partner contributions & loans |
Conclusion
LLP and Pvt Ltd companies have different benefits to serve. LLPs offer flexibility and fewer compliances, while Pvt Ltd companies provide better funding options and authority. Choosing the right structure depends on business goals and plans. Entrepreneurs are liable to decide based on their needs and growth vision.
Whatch Video for more detail
Suggested Read :
Importance of an LLP Certificate
Compliances of Pvt Ltd Company
Thank you Shrikant Gadhave, Team Ebizfiling.com
Hi Krishna,
Thank you for your query. Team will get in touch with you soon.
Excellent post. How difficult is it to transfer from LLC to LLP. What are the tax implications of each mode.
Hello Srikanth,
Thank you for your inquiry!
The team will get in touch with you soon. Meanwhile, you can get in touch with Ebizfiling on +919643203209 / info@ebizfiling.com
Hello, i have a query regarding conversion, if Pvt ltd has two shareholders who are companies, can they become partners in LLP after conversion.
Hello Heena Talesara,
Thank you for your Inquiry!
An individual or a corporate body may become a partner in an LLP. The LLP must have at least two Designated Partners. At least one of the Designated Partners must be an Indian citizen. A LLP’s body corporate partner may appoint an individual as a Designated Partner. For any further assistance get in touch with Ebizfiling at +919643203209 / info@ebizfiling.com