|
Act |
Companies Act, 2013 |
Companies Act, 2013 |
Limited Liability Partnership Act, 2008 |
Indian Partnership Act, 1932 |
No specified Act |
|
Registration Requirement |
Mandatory |
Mandatory |
Mandatory |
Optional |
No |
|
|
Registration under Companies Act is mandatory |
Registration under Companies Act is mandatory |
Registration under LLP Act is mandatory |
Unregistered partnerships are legal, but registered entity enjoys certain
advantages
|
There is no registration criteria prescribed. But, registration is
recommended
|
|
Number of members |
2 – 200 |
Only 1 |
2 – Unlimited |
2 – 50 |
Only 1 |
|
|
Minimum 2 and not more than 200 shareholders |
Only an individual,and an Indian resident can be the shareholder |
No bar on maximum number of partners, but minimum 2 Designated Partners are
required
|
It is formed with minimum 2 partners, but not exceeding 50 |
Proprietor is the only owner of the firm |
|
Separate Legal Entity |
Yes |
Yes |
Yes |
No |
No |
|
|
It is a separate entity and can own assets in its name |
It is a separate entity and can own assets in its name |
It is a separate entity and can own assets in its name |
It does not have any separate identity from its partners |
Proprietor and business are considered the same |
|
Liability Protection |
Limited |
Limited |
Limited |
Unlimited |
Unlimited |
|
|
Limited up to the total value of shares subscribed |
Limited up to the value of shares subscribed |
Limited up to the capital amount agreed to introduce |
Partners are jointly and severally liable to pay the debts of the
Partnership
Firm
|
Proprietor’s liability is to pay-off all the debts and obligation of the
firm
|
|
Statutory Audit |
Mandatory |
Mandatory |
Dependent |
Not mandatory |
Not mandatory |
|
|
Auditor must be appointed within the 30 days of incorporation |
Auditor must be appointed within the 30 days of incorporation |
Applicable when turnover exceeds INR 40 Lakh or contribution exceeds INR 25
Lakh
|
Statutory audit not applicable. Tax audit may be applicable based on
turnover
|
Statutory audit not applicable. Tax audit may be applicable based on
turnover
|
|
Ownership Transferability |
Restricted |
No |
Yes |
No |
No |
|
|
Shares can be transferred with the consent of other Shareholders |
Shares are not transferable easily |
Ownership can be changed with consent of other partners |
Ownership is not transferable easily, clause of partnership deed should be
referred
|
Firm is no different from proprietor and so ownership is not transferable
|
|
Uninterrupted Existence |
Yes |
Yes |
Yes |
No |
No |
|
|
Perpetual existence as the management and owners are different. Ownership is
easily
transferable |
Perpetual existence. The nominee will take place of member |
Change in Partners or Designated Partners does not affect the existence of
LLP
|
Change in partner leads to dissolution or formation of another partnership
firm
|
Death or insolvency of proprietor directly affects the firm |
|
Foreign Participation |
Allowed |
Not Allowed |
Allowed |
Not Allowed |
Not Allowed |
|
|
Foreign national are allowed to invest under the Automatic Route |
Member, nominee and director must be an Indian resident |
Foreign nationals are allowed, subject to FDI Guidelines |
Foreign nationals are not allowed to be a partner |
Foreign Nationals cannot commence proprietorship business |
|
Tax Rates |
Moderate |
Moderate |
High |
High |
Low |
|
|
Tax rate applicable for small companies is reduced to 22%, dividend
distribution
tax
applicable |
Tax rate applicable for small companies is reduced to 22%, dividend
distribution
tax
applicable |
With tax rate of 30% on business profit, no tax on income distribution to
partners
|
With tax rate of 30% on business profit, no tax on income distribution to
partners
|
Tax rates of individual applied to Proprietorship Firm |
|
Statutory Compliances |
High |
Moderate |
Moderate |
Less |
Less |
|
|
Companies have to meet high compliance requirements |
Companies have to meet high compliance requirements |
Lesser compliance requirements compared to companies |
Separate ITR of partnership is filed, else there is no filing requirement
|
No compliances and no requirement to file a separate ITR |
|
|
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