LLP vs Pvt Ltd company – Comparison between two important forms of organization in India
LLP vs Pvt Ltd: Both companies have different legal structures and governed by two different acts namely Companies Act 2013 and Limited Liability Partnership Act 2008 respectively. Limited Liability Partnerships (LLPs) allow for flexibility and shared responsibility among partners, while Private Limited (Pvt Ltd) companies offer limited responsibility and a separate legal identity. Aso Pvt Ltd and Limited Liability Partnership offer many similar features required to run a small to large-sized business, while there are many differences also in some aspects. In this article, we will discuss the comparison of LLP vs Pvt Ltd company from the viewpoint of an Entrepreneur starting a new business.
What is the meaning of Pvt Ltd and LLP?
A Private Limited Company is a company that is privately held for small businesses. The liability of the members of a Private Limited Company is limited to the number of shares respectively held by them. Shares of Private Limited Company cannot be publicly traded.
A Limited Liability Partnership means a business where a minimum of two members are required and there is no limit on the maximum number of members. The liability of the members of an LLP is limited.
Comparison between LLP vs Pvt Ltd company
LLP vs Pvt Ltd Company., which is better? There are differences and a few similarities between both types of business organizations i.e. the Private Limited Company and Limited Liability Partnership. Let us discuss both here for better understanding:
Difference between LLP vs Pvt Ltd company
Particulars | Pvt Ltd Co. | Limited Liability Partnership. |
Law Applicable | Companies Act 2013 | Limited Liability Partnership Act, 2008 |
Minimum share capital | No requirement for minimum share capital. | No requirement for minimum share capital |
Members Required | Minimum two Maximum 200 |
Minimum two Maximum no limit |
Directors required | Minimum two Maximum 15 |
Two designated partners Maximum not applicable |
Board meeting | Within 120 days of the previous board meeting. Minimum 4 board meetings to be held each year. | Not necessary |
Statutory Audit | Mandatory | Not compulsory unless partner’s contribution exceeds 25 lakhs or annual turnover exceeds 40 lakhs |
Annual Filing | Annual statement of accounts & annual return with ROC. These are filed in form AOC 4 and MGT 7. | Annual accounts and annual returns to be filed with RoC. These returns are filed in LLP form 8 and LLP form 11. Check more details here. |
Compliance | High | Low |
Liability | Limited | Limited |
Transferability of shares | Can be transferred easily. It can only be restricted by the Article of association. | Can be transferred by executing agreement before a notary public |
Foreign Direct Investment | Eligible via automatic and government route | Eligible via automatic route |
Suitable to which type | Businesses have turnover, entrepreneurs who need external funding. | Startups, Businesses, trade, manufacturers, etc. |
Company Name | Should end with Pvt. Ltd. | Should end with LLP. |
Fees and Cost of Incorporation | Know the Fees and cost of incorporation of Pvt Ltd Co. here | Know the Fees and cost of incorporation of an LLP. here |
How to start/register? | Check all the details here | Check all the details here |
Advantages of Pvt Ltd and Limited Liability Partnership
The advantages of registering Business as an LLP
- An LLP is easier to start and manage and the process has fewer formalities
- It has a lesser cost of registration as compared to a Company
- LLP is like a corporate body having its existence other than its partners
- LLP can be started with any amount of minimum capital
The advantages of registering Business as a Private Limited Company
- There is No Minimum Capital Requirement in the company
- The members have Limited Liability
- It is a Separate Legal entity
- It is a different ‘person’ from the members who compose it
Similarities Between LLP and Pvt Ltd
- Separate legal entity: Both of them have separate legal entities. That means Private Limited Company or LLP is treated as a different individual in the eyes of law.
- Benefits on taxes (taxation): To both types of business structures tax benefits are given. The tax benefits would be 30% of the profits.
- Limited Liability: In the case of Private Limited Company and LLP, the liabilities of the partners would be limited.
- Registration Process: Pvt Ltd registration and LLP registration, Both types of businesses are required to be registered with the Ministry of Corporate Affairs.
Suggested Read from Ebizfiling: Advantages of Private Limited Company
LLP and Pvt Ltd company have a lot of similarities yet they both are different in many of its characteristics and structures. If you are an entrepreneur who needs external funding and are aiming towards good turnover, a Private Limited Company is a perfect business structure for you.. While in case you are more than one person who wishes to start the business together with limited liability than Limited Liability Partnership is for you.
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6 thoughts on “LLP Vs Private limited company – Comparison between two important forms of organisation in India”
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For starting a new a company or applying to become a Director of a company, to procure Digital signature/Trademark & other IPRs etc Ebizfiling India Pvt Ltd is there to do all these jobs through single window service. Ebizfiling is a complete online service platform and people working here are young professionals. They have been very honest with me, whatever they promised initially, they did it. I feel rates quoted by this company were lowest in comparison to others and they cleared all my doubts, wherever needed.
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Easy and Fast Thanks for the Help, Very Nice Services will contact for other services too.
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I registered my LLP company, from eBizfilling. Great team and very competitive pricing. Will definitely use their services again.Thanks for work well done.
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