Published On: Feb 23, 2019 • Last Updated: Oct 14, 2023 • 3.9 min read •
Which one should you choose and go for?
It is best to decide the ideal business structure before starting a new business. This decision is taken based on many factors like how many people start it. If it is two or more, then registering a Private Limited Company or a Partnership firm serves a better option. Consider the aspects that can impact your business and also the problems you wish to avoid before locking down on any of the options.
is an overview for both the business entities:
For a new business, the partnership structure is the simplest and most basic structure. To register a partnership firm is advisable but not a compulsion. It will have a partnership agreement with the objectives, responsibilities, and duties of partners written in it. This will also have an exit strategy for partners with clarity on the allocation of shares for each partner.
On the other hand, Private Company is a
little complex but has its own set of perks. Firstly, it creates a separate legal
identity which limits the liability of involved members. But then, it is
compulsory to register a Company to start a business.
a Partnership has over a Company:
A simple agreement between two or more people is the only pre-requisite to start a partnership firm. For the Company, there are a few procedural formalities to be fulfilled.
A company is managed by the directors and members with actions governed by organizations like RBI, MCA, SEBI etc. While it is only the partnership agreement that governs the partners. This is why the flexibility and freedom to take decisions is higher.
Termination of a partnership firm is easier than the Company. It is so because of the agreement which is valid only between the partners regarding the closure is enough. Company closure will require everyone to follow a proper winding up procedure has to be followed.
The company holds a greater amount of credibility compared to other business structure due to its high compliance requirement. Moreover, it is governed by statutory bodies like MCA and SEBI that keep a check upon the business from time to time it. Raising funds is easier internally and even from external sources.
This table will help you gauge and decide which structure is suitable for your business.
Private limited Company
Companies Act, 2013
Indian Partnership Act, 1932
2. Registration Requirement
Mandatory to set up business as a Private Limited Company to comply with the Act.
Both registered and
unregistered partnerships are
legal, but the registered
entity is preferred.
3. Number of members
minimum two and max 200 shareholders
formed with minimum 2 partners, but not exceeding 50
4. Separate Legal Entity
Company is a separate entity with an ability to own assets in its name.
A partnership firm has no
separate identity from its partners.
5. Liability Protection
Liability of members is limited
to the extent of the unpaid value of shares subscribed.
are jointly and severally liable to pay the debts of the Partnership Firm
6. Statutory Audit
appointed within 30
audit not applicable. Tax audit may be applicable based on turnover
7. Ownership Transferability
Ownership can be transferred
through shares if shareholders give their consent
is not transferable easily, clause of partnership deed should be referred
8. Uninterrupted Existence
in members or directors does not affect the company’s existence.
Change in partner leads to dissolution or formation of another partnership firm.
9. Foreign Participation
nationals can invest under the Automatic Route
nationals cannot be made partner with
10. Tax Benefits
comparatively moderate Tax is levied as the tax rate for small companies is
reduced to 25%
levied is 30% of the business profit on which is on a higher side.
11. Statutory Compliances
compliance that includes annual filings. Also, it must comply with plenty of
other compliance requirements.
is much less except for filing a separate ITR there are no other mandatory
The above table and its preceding information
can help you take the right decision regarding choosing the right business
structure for your business. Prior to finalizing the structure, it is
recommended to render business professional services to take stay sure.
Kahini Jhaveri is an IP specialist at LegalWiz.in, with a keen interest in content creation. She holds a B.A. LLB honours from Institute of Law, Nirma University, Ahmedabad. Kahini specializes in Intellectual Properties, specifically Trademark Law.