Thursday, August 11, 2022
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A comprehensive analysis of the differences between the private limited company and the limited liability partnership

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It is very much important for people to be clear about the types of organisations available in the industry because whenever any layman is interested to start a business then they seem to be very much doubtful about choosing the most suitable business firm. There are different kinds of forms available in the industry from which people can choose in further being clear about the basic technicalities of every form of business is very much advisable for people.

It is very much important for people to be clear about the difference between LLP and company and the following are some of the most important points which people need to take into consideration in the whole process:

  • Meaning: Private limited company is the most popular form of business entity and there will be no minimum capital requirement in this particular case. It will always help in protecting the members from unlimited liability at the time of closure of the company. Limited liability partnership is the preferable form of organisation because it will help in providing people with the best possible benefits of Private Limited and partnership firm throughout the process.
  • Registered under: The company will be registered under the companies act 2013 and a limited liability partnership will be registered under the limited liability partnership act 2008.
  • Directors required: In the case of a company minimum of two and a maximum of 15 directors are required and on the other hand in the cases of LLP minimum designated partners will be two and maximum designated partners are not applicable.
  • Member requirement: In the cases of the company minimum of two and a maximum of 200 members are required and in the cases of LLP minimum of two and, a maximum number of members do not have any kind of limit throughout the process.
  • Meetings: In the cases of companies minimum of four board meetings have to be required during the financial year having the 120 days of gap between two meetings and the general meeting of the shareholders has to be conducted once every year compulsory. On the other hand, there will be no requirement for partners to meet in the cases of LLP.
  • Statutory audit: Statutory audit is mandatory in the cases of the company but it will not be required in the cases of LLP unless the partner’s contribution exceeds 25 lakhs and the annual turnover of the business exceeds 40 lakhs.
  • Compliance: There are very high compliances in the cases of companies but there are very few legal compliances in the cases of limited liability partnerships.
  • Taxation structure: Taxation structure is very much complicated in the case of the company because the dividend distribution tax has to be paid by the company and on the other hand in the cases of LLP it is very easier because there will be no chance of any kind of dividend distribution tax.

Hence, being clear about the basic differences between both of these forms of organisations is very much important for people to indulge in equity decision-making and further people need to have a clear idea about how to form a company so that they can proceed with the things like a pro without any kind of issue.

 

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