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What Is the Difference Between LLP and Partnership Firm in India?

When starting a business in India, choosing the right business structure is essential. Among the most popular options are a Partnership Firm and a Limited Liability Partnership (LLP). While both structures involve two or more people coming together to run a business, there are several legal, operational, and financial differences between them. Understanding the difference between LLP and partnership firm can help entrepreneurs make informed decisions.

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What Is a Partnership Firm? Key Features Explained

A Partnership Firm is governed by the Indian Partnership Act of 1932. It is a business entity formed by two or more individuals who share profits, losses, and responsibilities.

Key Features:

  • Formed through a partnership deed
  • No mandatory registration required
  • Partners have unlimited liability
  • No separate legal identity from its partners
  • Fewer compliance requirements

What Is an LLP (Limited Liability Partnership)? Overview & Advantages

An LLP is governed by the Limited Liability Partnership Act, 2008. It combines the advantages of both a company and a partnership firm.

Benefits of LLP Company:

  • Separate legal entity
  • Partners have limited liability
  • Flexible management structure
  • Ideal for professionals and startups
  • Easy to scale and attract investors

This structure minimizes the liability of partnership firm members, making it a safer choice for business owners.

Major Legal Differences: Liability, Entity Status & Registration

Here is a brief comparison of the difference between partnership and limited liability partnership:

FeaturePartnership FirmLLP
Legal StatusNot a separate legal entity Separate legal entity
Liability Unlimited liability Limited to contribution
Registration Optional Mandatory via LLP registration online
Governing Law Indian Partnership Act, 1932 LLP Act, 2008

These legal points clearly distinguish between LLP and partnership and define operational boundaries.

Taxation & Compliance Comparison: LLP vs Partnership Firm

  • Tax Benefits of LLP include pass-through taxation, no Dividend Distribution Tax (DDT), and deductions on business expenses.
  • Partnership firms are taxed similarly, but have limited benefits in comparison.
  • LLPs must file Annual Returns and Statements of Accounts and Solvency.
  • Partnership firms have simpler compliance requirements.

Hence, for those looking to save on taxes and maintain compliance, understanding the difference between LLP and traditional partnership is crucial.

Management, Ownership & Flexibility: A Clear Comparison

  • LLP vs Partnership Firm in management shows that LLPs allow designated partners for smooth operations.
  • In partnerships, all partners usually manage the firm.
  • LLPs are more flexible in ownership transfer and addition/removal of partners.
  • Partnerships are less formal but riskier in ownership matters.

Benefits of an LLP Company Over a Traditional Partnership

  • Limited liability protection
  • Separate legal identity
  • Higher credibility with clients and investors
  • Better tax efficiency
  • Easier expansion and fundraising

These points highlight the difference between limited liability partnership and traditional partnership advantages.

How to Register an LLP Online: Step-by-Step Guide

  1. Get a Digital Signature Certificate (DSC)
  2. Apply for Director Identification Number (DIN)
  3. Reserve LLP name on MCA portal
  4. File incorporation documents online
  5. Receive Certificate of Incorporation
  6. File LLP Agreement

The entire LLP registration online process is streamlined and can be completed within a few weeks.

Why Choose StartupFlora for LLP Company Registration

  • Expert Assistance: Get help from professionals who specialize in LLP registrations.
  • End-to-End Support: From name reservation to post-registration compliance.
  • Affordable Packages: Transparent pricing tailored to your business needs.
  • Fast Processing: Quick turnaround and real-time updates.
  • Customer Satisfaction: 24/7 support for smooth experience.

StartupFlora ensures a hassle-free registration process so you can focus on growing your business.

Difference Between LLP and Partnership Firm at a Glance

CriteriaPartnershipLLP
Legal IdentifyNoYes
Partner LiabilityUnlimited Limited
Registration Optional Mandatory
Compliance Low Moderate
Ownership Restricted Flexible

FAQs

Q1. What is the main difference between LLP and a Partnership Firm?
LLP offers limited liability and a separate legal identity, whereas a partnership firm does not.

Q2. Is registration mandatory for both structures?
Only LLP registration is mandatory; partnership firm registration is optional.

Q3. What are the tax advantages of LLP?
LLPs enjoy pass-through taxation and are not subject to DDT.

Q4. Can foreign nationals start an LLP in India?
Yes, a foreign national can be a partner in an LLP but not in a traditional partnership.

Q5. How do I register an LLP online?
You can apply through the MCA portal following the step-by-step procedure listed above.

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