Here's a quick comparison between the two structures under the Indian law.
Category
|
LLP
|
Corporation
|
Suitable for
|
LLPs are suitable for organizations
providing services by professionals
like consultancies.
|
Corporations are
suitable for start-ups that want to scale up rapidly.
|
Prevailing law
|
The Limited Liability
Partnership Act, 2008.
|
The Companies Act, 1956.
|
Registration
|
Registration of a LLP with
the registrar is required.
|
Registration of a company with the registrar of companies is required.
|
Ownership
|
LLPs are owned by the
partners.
|
Corporations are owned by
shareholders.
|
Cost
|
The minimum cost of formation of a LLP is INR 800 only, comparatively much lesser than the cost
of formation of a company.
|
The minimum statutory
fee for incorporation of a private company is INR 6,000 and that of a public
company is INR 19,000.
|
Managed by
|
LLPs are managed by the
partners.
|
Corporations are managed by the directors. |
Perpetual Succession
|
LLPs have perpetual
succession and partners may come and go.
|
Companies also have
perpetual succession and members may come and go.
|
Documents
|
The LLP agreement
defines the scope of operation and rights and duties of the partners.
|
The scope of operation
is defined in the memorandum and the articles of association.
|
Number of partner/members
|
An LLP should have a minimum
of 2 partners and there is no limitation of maximum number of partners.
|
A private company should
have between 2 to 50 members and a public company should have a minimum of 7
members.
|
Ease of operation
|
Operating a LLP is
relatively easier than a corporation.
|
Operating a corporation
is considerably more difficult than operating a LLP.
|
Rights, duties, obligations
of the partners/directors
|
Rights, duties, obligations
of the partners are governed by the LLP agreement.
|
Rights, duties, obligations
of the directors are governed by the articles of association and resolution
passed by shareholders or directors.
|
Foreign participation
|
Foreign nationals can be
partners in a LLP.
|
Foreign nationals can be
members in a company.
|
Liability of partners/members
|
The liabilities of a
partner are limited, to the extent of their contribution towards the LLP,
except in the case of intentional fraud or wrongful act of omission or
commission by the partner.
|
The liabilities of
shareholders in a company are generally limited to the amount required to be
paid up on each share.
|
Transfer of partnership
rights/shares in case of death
|
In case of death
of a partner, their legal heirs will not become partners, unless specified in
the LLP agreement.
|
In case of death of a member,
the shares are transmitted to the legal heirs.
|
Admission as partner/member
|
A person can be admitted
as a partner as per the LLP agreement.
|
A person can become a
member by buying shares in a company.
|
Voting Rights
|
The voting rights shall
be as decided as per the terms of the LLP agreement.
|
The voting rights are
decided as per the number of shares held by the members.
|
No comments:
Post a Comment