LLP Form 8 - A Complete Guide for 2025

Jan 28, 2025
Private Limited Company vs. Limited Liability Partnerships

Limited Liability Partnerships (LLPs) in India are required to file LLP Form 8, the Statement of Account and Solvency, annually to comply with Ministry of Corporate Affairs regulations. This form details the LLP's financial position and solvency status and must be submitted within 30 days after the first six months of the financial year.

Table of Contents

What is the purpose of Form 8?

Form 8 LLP is an annual return that discloses an LLP's financial position and solvency. It is mandatory under the Limited Liability Partnership Act 2008, to promote transparency and ensure that LLPs meet their financial obligations. By filing Form 8 LLP, an LLP confirms its ability to pay debts as they become due in the normal course of business.

The form provides the MCA with an overview of the LLP's assets, liabilities, and cash flows, enabling them to monitor the financial health of the LLP. Banks, creditors, and other stakeholders may also refer to an LLP's Form 8 filings to assess its creditworthiness and make informed decisions.

LLP Form 8 - Statement of Account & Solvency

LLP Form 8, or the Statement of Account & Solvency, is an annual filing that every LLP must submit to the MCA, regardless of its size, turnover, or profitability. The form consists of two main parts:

  • Part A: Statement of Solvency
  • Part B: Statement of Account (Financial Statements)

The Statement of Solvency is a declaration by the LLP's designated partners confirming that the LLP is able to pay its debts in full as they become due. This section must clearly disclose any insolvency or inability to pay debts.

The Statement of Account includes the LLP's financial statements, such as the balance sheet, profit and loss account, and cash flow statement. These statements provide a true and fair view of the LLP's financial position and performance.

Timely filing of Form 8 LLP is crucial to avoid penalties and maintain compliance with the LLP Act. The due date for filing falls on October 30th each year for the financial year ending March 31st.

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Laws Governing Form 8

The filing of Form 8 LLP is governed by the following laws:

  • Section 34(2) and 34(3) of The Limited Liability Partnership Act, 2008
  • Rule 24 of The Limited Liability Partnership Rules, 2009

These laws require all LLPs to file Form 8 annually and prescribe the format, disclosures, and timelines for filing the form. Non-compliance with these provisions can result in penalties and legal action against the LLP and its partners.

Components of Form 8

LLP Form 8 consists of two main sections:

  1. Part A - Statement of Solvency
    • Declaration by the designated partners about the LLP's ability to meet its debts and liabilities
    • Disclosure of any insolvency or inability to pay debts
  2. Part B - Statement of Accounts
    • Balance sheet as of the end of the financial year
    • Profit and loss account for the financial year
    • Cash flow statement for the financial year
    • Notes to accounts and significant accounting policies
    • Details of remuneration to designated partners
    • Auditor's report, if applicable

LLPs must ensure that the financial statements are prepared in accordance with the applicable accounting standards and present a true and fair view of the state of affairs. Depending on the LLP's turnover and contribution, the financial statements may need to be audited before filing.

The Due Date for Filing LLP Form 8

LLP Form 8 must be filed annually, within 30 days from the end of six months of the financial year to which the Statement of Account and Solvency relates. For LLPs following the April-March financial year, the due date for filing Form 8 LLP is October 30th of each year.

It is essential to note that this filing requirement applies to all LLPs, irrespective of their size, turnover, or commencement of business activities. Even inactive LLPs must file Form 8 to avoid penalties.

Failure to file the form by the due date attracts additional fees and penalties, which increase with the delay. LLPs must prioritise timely filing to maintain legal compliance and avoid adverse consequences.

Related Read: What is LLP Form 11?

Required Details for Filing Form 8

To file LLP Form 8, the following details are required:

  • Limited Liability Partnership Identification Number (LLPIN)
  • Name and registered address of the LLP
  • Details of designated partners
  • Jurisdiction of Police Station for the registered office
  • The financial year to which the Statement of Account and Solvency relates
  • Statement of Assets and Liabilities as at the end of the financial year
  • Income and Expenditure Statement for the financial year
  • Details of charges created, modified or satisfied during the year
  • Details of penalties and compounding fees paid during the year

Attachments Required with LLP Form 8

  1. Mandatory attachment:
    1. Details of disclosures under the Micro, Small and Medium Enterprises Development Act, 2006
  2. Conditional attachment:
    1. Statement of contingent liabilities, if applicable
  3. Optional attachments:
    1. Any other relevant information or documents

Small LLP

The concept of "Small LLP" was introduced by the LLP (Amendment) Act, 2021 to reduce the compliance burden and costs for smaller LLPs. An LLP is classified as a Small LLP if it meets the following criteria:

  • The contribution does not exceed ₹25 lakhs (or higher amount as notified by the Central Government, up to a maximum of ₹5 crores)
  • The turnover in the immediately preceding financial year does not exceed ₹40 lakhs (or higher amount as notified by the Central Government, up to a maximum of ₹50 crores)

Small LLPs enjoy several benefits, such as:

  • Lower filing fees for Form 8 LLP and other forms
  • Relaxed penalties for non-compliance
  • Self-certification of documents by designated partners without the need for professional certification

However, Small LLPs must still comply with the filing deadlines and other requirements under the LLP Act. Their classification as Small LLPs is based on self-declaration, and any false or incorrect declaration can attract penalties.

MCA Fees for filing Form 8

Contribution Filing Fee
Up to ₹1 lakh ₹50
Above ₹1 lakh and up to ₹5 lakhs ₹100
Above ₹5 lakhs and up to ₹10 lakhs ₹150
Above ₹10 lakhs ₹200

Inadequate or incorrect payment of fees can result in the form being marked as defective, requiring re-submission with additional fees.

Related Read: LLP Registration Fee in India

Additional Fee (Penalty) for Filing Form 8

Late filing of Form 8 LLP attracts additional fees, which vary based on the period of delay and the type of LLP (Small LLP or Other LLP). The additional fees for late filing are as follows:

Period of Delay Additional Fee for Small LLP Additional Fee for Other LLP
Up to 15 days 1 times the normal fee 1 times the normal fee
15 to 30 days 2 times the normal fee 4 times the normal fee
30 to 60 days 4 times the normal fee 8 times the normal fee
60 to 90 days 6 times the normal fee 12 times the normal fee
90 to 180 days 10 times the normal fee 20 times the normal fee
Above 180 days ₹100 per day ₹200 per day

LLPs should strive to file the form within the due date to avoid these additional fees and maintain compliance with the LLP Act.

Certification Requirements for Form 8

Form 8 LLP must be certified by the following individuals before filing:

  • Minimum two designated partners of the LLP
  • A practising professional (Chartered Accountant, Company Secretary, or Cost Accountant)

The designated partners must sign the form, declaring that the information provided is true and correct to the best of their knowledge. The practising professional must certify that the financial statements and other particulars in the form agree with the LLP's books of account and records.

Small LLPs are exempted from the professional certification requirement, and the designated partners can self-certify the form. However, it is advisable to seek professional assistance to ensure accurate and compliant filing.

Procedure to file Form 8

The procedure to file LLP Form 8 involves the following steps:

  1. Access the MCA portal and log in using the LLP's credentials
  2. Navigate to the "LLP Forms Download" section and select "Form 8"
  3. Fill in the required details and attach the necessary documents
  4. Save the form as a draft if required, or submit the form
  5. Generate and note down the Service Request Number (SRN) for future reference
  6. Affix Digital Signature Certificates (DSCs) of the designated partners and practising professional
  7. Upload the signed form on the MCA portal
  8. Make the payment of filing fees within 15 days of SRN generation
  9. Upon successful payment, an acknowledgement receipt will be generated

LLPs should ensure that all the steps are completed within the prescribed timelines to avoid any delays or rejection of the filing. 

Annual filings for LLP

Apart from Form 8 LLP, LLPs are required to file other annual forms to comply with the MCA regulations. These include:

  • LLP Form 11 (Annual Return)
  • Income Tax Return (ITR) 5

Timely filing of these forms is crucial to avoid penalties, which can be significant—up to ₹5 lakh for non-compliance. Although LLPs have fewer compliance requirements compared to private limited companies, failure to meet these obligations can lead to serious consequences. Maintaining proper books of account is essential for facilitating accurate and timely filings.

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Example of LLP Form 8 Filing

Let's consider a simple case study to understand the filing of LLP Form 8:

ABC LLP, with total assets of ₹5 lakhs and liabilities of ₹2 lakhs, needs to file its Statement of Account and Solvency for the financial year 2024-25.

The LLP follows these steps to fill the form:

  1. The designated partners prepare the financial statements, including the balance sheet and profit & loss account.
  2. They fill out LLP Form 8, providing the required details and attaching the necessary documents.
  3. The form is then certified by the designated partners and a Chartered Accountant (CA).
  4. The LLP files the form online through the MCA portal, affixing the Digital Signature Certificate (DSC) and making the requisite payment.
  5. The form is submitted within the due date of October 30th, 2025, to avoid any late fees or penalties.

MCA LLP Compliance Chart

The following chart summarises the key compliance requirements for LLPs in India:

Form Name Purpose Due Date
LLP Form 8 (Statement of Account and Solvency) Annual filing of financial statements and solvency declaration October 30th of each year
LLP Form 11 (Annual Return) Annual filing of LLP's details and partners' information May 30th of each year
ITR 5 (Income Tax Return) Annual filing of LLP's income tax return October 31st (if audit not applicable) or November 30th (if audit applicable)

LLPs must prioritise these filings and ensure timely submission to maintain compliance with the MCA and Income Tax Department regulations. 

Frequently Asked Questions:

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What is the Statement of Solvency of LLP?

The Statement of Solvency is a declaration by the designated partners of an LLP, stating that the LLP is able to pay its debts in full as they become due in the normal course of business. It is a part of Form 8 LLP and must be filed annually with the MCA.

Is Form 8 mandatory for LLP?

Yes, Form 8 LLP is a mandatory annual filing for all LLPs registered in India, irrespective of their size, turnover, or commencement of business activities. Failure to file the form within the due date can result in penalties and legal action against the LLP and its partners.

When shall the Statement of Account and Solvency be filed by every foreign LLP with registrar?

Every foreign LLP must file the Statement of Account and Solvency in Form 8 LLP with the Registrar within 30 days from the end of six months of the financial year to which the Statement of Account and Solvency relates.

Is LLP liable to maintain books of accounts?

Yes, every LLP is required to maintain proper books of account as per Section 34 of the Limited Liability Partnership Act, 2008. The books of account must be kept at the registered office of the LLP and should give a true and fair view of the state of affairs of the LLP.

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Advantages of One Person Company: OPC Benefits Explained

Advantages of One Person Company: OPC Benefits Explained

An OPC is a unique business structure introduced by the Companies Act 2013 in India. It allows a single individual to form and operate a company, combining the benefits of both a sole proprietorship and a private limited company. OPC's meaning is straightforward - it is a company with only one member who is the sole shareholder and director. 

The primary objective behind introducing the OPC concept was to encourage solo entrepreneurship and facilitate the corporatisation of micro, small and medium enterprises (MSMEs) in India.

Table of Contents

What is the Nature of a One Person Company in India?

As per the definition provided in the Companies Act 2013, an OPC is a private limited company with only one member. The sole shareholder of the OPC holds 100% of the company's shares and is entitled to all the profits generated by the business. The full form of OPC is "One Person Company," emphasising its single-member structure.

The importance of OPC lies in its ability to provide a formal corporate structure to sole proprietors and small business owners. By registering as an OPC, entrepreneurs can enjoy the benefits of a separate legal entity while maintaining complete control over their business operations. This unique combination of sole ownership and corporate features makes OPC an attractive choice for many budding entrepreneurs in India.

Benefits of OPC Company

Next up, let us understand why an OPC company will be right for you:

1. Benefits of Being Small Scale Industries

One of the key advantages of a one person company is its eligibility to be registered as a Micro, Small or Medium Enterprise (MSME). By obtaining MSME registration, OPCs can avail various benefits provided by the government, such as:

  • Priority sector lending from banks
  • Collateral-free loans up to ₹10 lakhs
  • Subsidy on patent registration
  • Reimbursement of ISO certification expenses
  • Concession on electricity bills
  • Exemption from excise duties

These MSME benefits can significantly reduce the financial burden on small businesses and help them grow faster.

2. Single Owner

Unlike partnership firms or private limited companies, an OPC has only one owner who holds all the shares and has complete control over the company's decision-making process. This streamlined ownership structure offers several benefits for OPC company, such as:

  • Faster decision-making without the need for consensus among multiple partners or directors
  • Flexibility to adapt quickly to changing market conditions
  • Ability to maintain confidentiality of business strategies and plans
  • Elimination of potential conflicts among partners or shareholders

3. Credit Rating

OPCs find it easier to obtain loans and credit facilities from banks and financial institutions than sole proprietorships. This is because OPCs have a separate legal identity and their financial statements are available in the public domain, allowing lenders to assess their creditworthiness more accurately. A good credit rating can help OPCs secure funding at competitive interest rates, providing a significant advantage over unregistered businesses.

4. OPC Benefits under Income Tax Law

OPCs enjoy certain one person company tax benefits under the Income Tax Act, 1961. Some of these advantages include:

  • Lower corporate tax rate of 25% for OPCs with an annual turnover of up to ₹250 crores.
  • Exemption from Minimum Alternate Tax (MAT) for OPCs with an annual turnover of up to ₹5 crores.
  • Ability to carry forward and set off losses for up to 8 years.
  • Deduction of up to ₹1.5 lakhs under Section 80C for investments made by the OPC owner.

These tax benefits can help OPCs optimise their tax liabilities and retain more profits for reinvestment in the business.

Received Interest Rate on any Late Payment

Under the MSME Development Act, 2006, OPCs registered as MSMEs are entitled to receive interest on delayed payments from their buyers. If a buyer fails to make payment within 45 days of accepting the goods or services, the OPC can charge an interest rate of three times the bank rate notified by the Reserve Bank of India (RBI). This provision helps ensure timely payments and improves the cash flow situation for small businesses.

6. Increase in Trust and Status

By registering as an OPC, small businesses can enhance their credibility and reputation in the market. The formal corporate structure and public disclosure of financial statements instil greater trust among customers, suppliers and other stakeholders. This increased trust can lead to better business opportunities, higher customer loyalty and improved bargaining power in commercial transactions.

7. Easy Funding

Apart from institutional funding, OPCs can also raise capital from individual investors. The Companies Act allows OPCs to issue shares to up to 200 shareholders, providing an alternative route for raising funds. This option can be particularly useful for OPCs with high growth potential, as they can attract angel investors or venture capitalists to fund their expansion plans.

8. Limited Liability

One of the most significant benefits of OPC is the limited liability protection it offers to the owner. Unlike sole proprietorships, where the owner's personal assets are at risk in case of business liabilities, an OPC provides a corporate veil that separates the owner's personal assets from the company's obligations. In the event of any legal disputes or financial losses, the liability of the OPC owner is limited to the extent of their investment in the company.

9. One Person Company Tax Benefits

In addition to the income tax benefits mentioned earlier, OPCs also enjoy several other tax advantages. For instance, OPCs with an annual turnover of up to ₹2 crores can opt for the presumptive taxation scheme under Section 44AD of the Income Tax Act. Under this scheme, the OPC is required to pay tax on only 8% of its total turnover, reducing the compliance burden and tax liability significantly.

10. MSME Benefits

As discussed earlier, OPCs registered as MSMEs are eligible for various government schemes and subsidies. Some additional benefits include:

  • Preference for government tenders
  • Assistance in marketing and export promotion
  • Subsidies for participating in international trade fairs
  • Skill development and training programs for employees
  • Access to credit guarantee schemes

These benefits can provide a much-needed boost to small businesses, helping them compete with larger players in the market.

11. Ease of Management

Managing an OPC is relatively simpler compared to other business structures. With a single owner and no board of directors, decision-making is faster and less complicated. 

Additionally, OPCs have fewer compliance requirements under the Companies Act. For instance, OPCs are not required to hold annual general meetings or prepare cash flow statements. This reduced compliance burden allows OPC owners to focus more on their core business activities.

Eligibility Criteria for OPC

To register as an OPC, the following eligibility criteria must be met:

  • The OPC must have only one member who is an Indian citizen and resident. This ensures that the business is managed by someone who understands local regulations and market conditions.
  • The sole member must be a natural person, not a company or an institution. This stipulation reinforces the OPC's structure as a personal enterprise.
  • The member should not be a minor to ensure legal competency in business dealings.
  • The member should be of sound mind and not be declared insolvent by any court. This criterion ensures that the individual can manage the company's affairs effectively.
  • The member should not have been convicted of any offence related to company formation or management in the past five years, which helps maintain the integrity of business practices.
  • The member should not be a nominee or shareholder in any other OPC.

OPC Registration Process

The OPC registration process involves the following steps:

The registration process for an OPC is streamlined and can be completed online through the Ministry of Corporate Affairs - MCA portal. Here are the essential steps involved:

  1. Obtain a Digital Signature Certificate (DSC): The first step is to acquire a DSC for the sole member, which is necessary for signing electronic documents during the registration process.
  2. Apply for Director Identification Number (DIN): Following the DSC, the next step is to apply for a DIN, which is required for the proposed director of the OPC.
  3. Name Approval: The applicant must submit an application for name approval using Part A of the SPICe+ form on the MCA portal. It is advisable to propose at least two names to ensure one can be approved.
  4. Prepare Necessary Documents: Essential documents include: 
  • Memorandum of Association (MoA) and Articles of Association (AoA)
  • Proof of registered office address
  • Consent from the nominee
  • KYC documents for both the member and nominee
  1. File SPICe+ Form: Once all documents are prepared, submit Part B of the SPICe+ form along with all necessary attachments to complete the application for incorporation.
  2. Payment of Fees: Pay the requisite registration fees online, which may vary based on the company's nominal share capital.
  3. Certificate of Incorporation: If all details are accurate and compliant with regulations, the Registrar of Companies (ROC) will issue a Certificate of Incorporation, officially recognising the OPC as a legal entity.

This structured approach not only simplifies the registration process but also ensures that all legal requirements are met efficiently, making it easier for entrepreneurs to start their businesses as a One Person Company in India.

Conclusion

OPC offers a unique blend of sole ownership and corporate features, making them an attractive choice for solo entrepreneurs and small business owners in India. The benefits of an OPC company are numerous, ranging from limited liability protection and separate legal identity to tax advantages and easier access to credit. 

Additionally, the reduced compliance burden and simplified management structure make OPCs well-suited for individuals who want to focus on their core business activities without getting bogged down by excessive paperwork.

To register as an OPC, an individual must meet certain eligibility criteria and follow the prescribed registration process. Once incorporated, an OPC can enjoy various benefits available to MSMEs and small-scale industries, helping them compete effectively in the market.

In conclusion, the One Person Company is a progressive business structure that encourages solo entrepreneurship and facilitates the growth of small businesses in India. By providing a formal corporate framework with minimal compliance requirements, OPCs have opened up new avenues for aspiring entrepreneurs to turn their ideas into successful ventures.

Benefits of OPC - FAQs

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

What is a one person company?

A one person company is a type of private limited company that has only one member who is the sole shareholder and director of the company. It was introduced in India by the Companies Act 2013, to encourage solo entrepreneurship and facilitate the corporatisation of small businesses.

What are OPC benefits in India?

Some of the key advantages of one person company in India include:

  • Limited liability protection for the owner
  • Separate legal identity from the owner
  • Easier access to credit and funding
  • Lower tax rates and tax benefits
  • Reduced compliance requirements
  • Simplified management structure
  • Eligibility for MSME benefits and schemes

However, OPCs also have certain limitations, such as restricted capital infusion and dependency on a single individual for decision-making. Together, these broadly sum up the advantages and disadvantages of a one person company. 

Who is eligible for OPC?

To be eligible for OPC registration, an individual must:

  • Be an Indian citizen and resident
  • Be a natural person, not a company or institution
  • Not be a minor or declared insolvent by any court
  • Not have been convicted of any offence related to company formation or management in the past five years
  • Not be a nominee or shareholder in any other OPC

What is the limit of OPC?

An OPC can have a maximum of one member and one director, who should be the same person. The paid-up share capital of an OPC is limited to ₹50 lakhs, and its average annual turnover should not exceed ₹2 crores in the immediately preceding three financial years. If an OPC crosses these thresholds, it must convert into a private or public limited company.

What is the importance of OPC?

The one person company concept is important because it provides a formal corporate structure to sole proprietors and small business owners, allowing them to enjoy the benefits of a separate legal entity while maintaining complete control over their business operations. OPCs help promote entrepreneurship, facilitate the growth of MSMEs and contribute to the country's overall economic development.

 Advantages of a Private Limited Company: Why Choose a Pvt Ltd?

Advantages of a Private Limited Company: Why Choose a Pvt Ltd?

Choosing the right structure is one of the most important decisions when starting a business. And for many, a private limited company is an ideal choice.

A private limited company is a type of business structure commonly chosen by entrepreneurs in India for its unique benefits. It’s a separate legal entity, meaning the company is distinct from its owners, with its own assets and liabilities. 

It offers limited liability protection, meaning personal assets are safeguarded from business debts. Unlike sole proprietorships or partnerships, the structure of a private limited company provides a clear separation between the business and its owners, creating a stable foundation for growth. 

This structure provides greater protection for founders and enhances the company’s credibility with investors, banks and clients, making it easier to secure funding and build partnerships. With the ability to issue shares, private limited companies also have the advantage of raising capital more effectively than other business types. 

Table of Contents

What is a Private Limited Company?

A private limited company is a business structure that is privately held by a small group of shareholders. In this type of company, ownership is divided into shares, but these shares cannot be publicly traded on the stock market. 

Private limited companies combine the benefits of limited liability, where owners' personal assets are protected and can raise capital through private investors.

This structure is popular among entrepreneurs and small—to medium-sized businesses because it provides a formal framework with legal protection for the owners, transparent governance and financial transparency. In India, private limited companies are governed by the Companies Act of 2013, which sets out the rules for formation, operation and compliance.

Advantages of a Private Limited Company

The advantages of being a private limited company are manifold, which makes them an attractive option for business owners. Here are some key benefits of a private limited company:

1. Limited Liability

One of the most prominent advantages of a private limited company is limited liability. This means that the shareholders are only responsible for the company’s debts up to the value of their shares. 

For example, if a shareholder owns 100 shares worth ₹10 each, their maximum liability in case of company debts would be ₹1,000, regardless of the company’s financial situation. This protects personal assets such as homes and savings from being used to pay company debts, offering peace of mind to the owners.

Limited liability ensures that shareholders are insulated from risks beyond their initial investment in the company, making it an ideal structure for reducing personal financial exposure.

2. Separate Legal Entity

Another benefit of a private limited company is that it is recognised as a separate legal entity from its owners. This means that the company can enter into contracts, own property and incur debts in its own name rather than in the name of its shareholders. 

The limited liability of members is also a key feature of this concept, ensuring that individual shareholders are not personally responsible for the company’s liabilities beyond their shareholding. 

As a result, the company can conduct business activities independently, protecting the personal assets of its owners.

3. Uninterrupted Existence

A significant advantage of a private limited company is its concept of ‘perpetual succession.’ This means that the company continues to exist despite changes in its membership or the status of its members. 

For instance, if a shareholder leaves or passes away, the company is not dissolved, and its operations remain unaffected. The company’s existence is independent of any individual member, ensuring long-term stability and continuity. 

This uninterrupted existence allows the company to plan and operate for the future without the disruptions that could occur in other business structures, such as partnerships.

4. Easy Transferability of Shares

One of the key benefits of a private limited company is the ease with which shares can be transferred. 

Unlike a sole proprietorship or partnership, which requires complex agreements or dissolutions for ownership changes, shares in a private limited company can be transferred relatively easily, subject to approval by the other shareholders. This is a significant benefit of a Pvt Ltd company over a proprietorship

This provides flexibility in ownership and is especially beneficial in attracting new investors or facilitating succession planning.

5. Owning Property

As a separate legal entity, a private limited company can own property in its own name. This is distinct from property ownership in a sole proprietorship, where assets are owned personally by the business owner. 

In a private limited company, shareholders do not have personal claims to the company’s assets. This allows the company to acquire, hold and manage property independently, which can be used for business operations, expansion or as an investment.

6. Capacity to Sue and Be Sued

As a separate legal entity or a juristic person, a private limited company has the legal capacity to sue and be sued in its own name. This essential feature allows the company to take legal action or defend itself in court without involving its individual shareholders.

It helps establish the company’s ability to operate as a distinct business entity responsible for its own legal matters.

7. Borrowing Capacity

Private limited companies have significant advantages when it comes to financing. They can raise capital through the issuance of debentures, secure public deposits, and benefit from preferential treatment by banks and financial institutions. 

These advantages make it easier for private limited companies to access funding compared to sole proprietorships or partnerships, which may struggle to raise significant capital. This makes the company more financially stable and better positioned for growth.

8. Tax Advantage

The private limited company tax benefits are significant. Companies enjoy lower Corporation Tax rates compared to sole traders and partnerships. Additionally, private limited companies have the option to reinvest profits back into the business, benefiting from various tax incentives. 

The company can also claim tax deductions for legitimate business expenses, such as staff parties, pension contributions, and other operational costs, providing more tax flexibility than other business structures. These benefits can also streamline the process of self-assessment tax returns, as allowable expenses can lower the overall tax burden, helping companies maximise their profitability.

9. Credibility and Professionalism

A private limited company enhances the credibility and professionalism of a business. Being a registered company with clear governance structures helps build trust with clients, suppliers and investors. 

The formalised nature of the business structure makes it appear more reliable and stable, which can attract larger clients and partners. In contrast, sole proprietorships and partnerships may struggle to command the same level of trust and confidence from stakeholders.

10. Easier Access to Capital

Private limited companies have a distinct advantage when it comes to raising capital. By issuing shares, they can attract investors who are willing to provide funding in exchange for a stake in the company. 

Additionally, private limited companies are eligible for tax incentives like the Enterprise Investment Scheme (EIS) and Seed Enterprise Investment Scheme (SEIS), which make it easier to attract investors and secure growth funding. 

Private limited companies are also eligible for recognition under the Department for Promotion of Industry and Internal Trade (DPIIT) and the Startup India initiative, which provides significant benefits to startups in India. DPIIT recognition offers access to various government schemes, funding opportunities and more straightforward compliance requirements. 

Additionally, being part of the Startup India program enables private limited companies to avail of tax exemptions, reduce compliance burdens and raise capital more easily from angel investors and venture capitalists.

11. Confidentiality and Privacy

One key benefit of a private limited company is the level of confidentiality it offers. While the company must disclose certain financial and regulatory information, shareholders' personal details remain private. 

12. Brand Protection

Brand protection is a significant advantage of operating as a private limited company. Since the company is a separate legal entity, its name is registered with the government, ensuring exclusive rights to its use. This protects the company’s brand identity from being copied or misused by competitors. 

Furthermore, registering the company name prevents others from using similar names that could confuse consumers, providing a strong legal foundation for brand recognition. As a private limited company, you can also trademark logos, slogans and other intellectual property, giving you additional legal protection.

This brand security not only boosts credibility but also helps in building long-term customer loyalty and trust.

Try our free search tool to find and verify company name availability instantly. Our user-friendly tool also allows you to search trademarks, domain names and social media handles linked to your business name with a single click, using accurate data sourced from the Trademark and MCA databases.

{{company-search-cta}}

13. Flexibility in Ownership

A private limited company offers significant ownership flexibility. Ownership can easily be transferred through the sale of shares, allowing the company to accommodate new investors or adjust ownership as needed. This is advantageous compared to other business structures like partnerships, where ownership changes can be more complicated and disruptive.

Conclusion

In conclusion, there are multiple benefits of Pvt Ltd company structure, making it an appealing business structure for entrepreneurs and investors. From limited liability and tax benefits to greater access to capital and enhanced credibility, the private limited company provides a solid foundation for business growth and stability.

With its flexibility, legal protections and ability to attract investment, it remains a top choice for those looking to build a successful and sustainable business.

Frequently Asked Questions:

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

Who is the owner of a private limited company?

The owners of a private limited company are its shareholders. The company can have one or more shareholders, and each shareholder owns a certain percentage of shares in the company. 

Shareholders have the right to vote on important company decisions, such as the appointment of directors and approval of financial statements, based on the number of shares they hold. 

However, the company itself is a separate legal entity, meaning the ownership is distinct from the personal assets of its shareholders.

What are the features of a private limited company?

A private limited company has several key features:

  • Limited Liability: Shareholders are only responsible for the company’s debts up to the value of their shares.
  • Separate Legal Entity: The company exists independently of its shareholders, meaning it can own property, enter into contracts and incur liabilities in its own name.
  • Perpetual Succession: The company continues to exist even if the shareholders or directors change.
  • Transferability of Shares: Shares can be transferred, but the transfer usually requires approval from other shareholders.
  • Number of Shareholders: A private limited company can have between 2 and 200 shareholders.
  • Restriction on Public Share Trading: Shares cannot be sold or traded on the stock exchange.

Are there any disadvantages of private limited companies?

There are both private limited company advantages and disadvantages. Here are some disadvantages of private limited companies to consider:

  • Compliance and Regulation: Private limited companies must comply with various regulations, including annual filing with the Registrar of Companies (RoC), which can be time-consuming and costly.
  • Limited Capital Raising: While private limited companies can raise capital by issuing shares, the process is more complex than that of public companies.
  • Restrictions on Share Transfers: Unlike public companies, the transfer of shares in a private limited company may require approval from other shareholders.
  • Higher Costs: Setting up and maintaining a private limited company involves higher costs due to registration, auditing and compliance fees.

What is the difference between Limited and Private Limited?

The primary difference between Limited and Private Limited companies lies in the public availability of shares:

  • Limited: A limited company can be a public limited company, where shares are freely traded on the stock exchange. It is not restricted to the number of shareholders, and its financial information is available to the public.
  • Private Limited: A private limited company has restrictions on share transfers, and its shares are not publicly traded. It can have a maximum of 200 shareholders, and its financials are not publicly disclosed.

In short, a Private Limited company is a private entity with a restricted number of shareholders and limited share transferability, while Limited companies are public entities with freely transferable shares.

Which is better, Private Limited or LLP?

Whether a Private Limited Company or an LLP (Limited Liability Partnership) is better depends on the specific needs and goals of the business:

  • Private Limited Company (PVT Ltd): This type of company is ideal for businesses looking to raise capital through investments or venture capital. It offers limited liability, a separate legal entity, and easier transferability of ownership through shares. 

However, it comes with more regulatory compliance and governance requirements.

  • Limited Liability Partnership (LLP): LLPs offer flexibility in management, with fewer formalities and less regulatory burden. Partners enjoy limited liability, protecting their personal assets, but an LLP cannot raise capital as easily as a private limited company. 

It is better suited for small businesses and professional services.

Private Limited Company Vs. Limited Liability Partnerships (LLP): Key Differences

Private Limited Company Vs. Limited Liability Partnerships (LLP): Key Differences

Choosing the right business structure is one of the most critical decisions for entrepreneurs. It lays the foundation for how the business will operate, manage liabilities and raise funds, as well as how stakeholders will perceive it.

Among the many options available, Private Limited Companies (Pvt Ltd) and Limited Liability Partnerships (LLP) are two of India's most popular and widely adopted structures.

Both these structures offer the advantage of limited liability while being distinct in their governance, ownership, compliance requirements and suitability for different business types.

This blog provides an in-depth comparison of Pvt Ltd companies and LLPs, delving into their features, compliance requirements, taxation and funding options. By the end, you will have a clear understanding of which structure aligns best with your business goals and aspirations.

Table of Contents

Difference Between Limited Liability Partnership and Private Limited Company

The fundamental difference between a Pvt Ltd and an LLP lies in ownership and management. While a Pvt Ltd company is governed by shareholders (owners) and directors (managers), an LLP is managed by partners who own and operate the business. Additionally, compliance requirements, taxation and funding options differ significantly between the two.

Here is a table outlining the difference between LLP and a private limited Company:

Private Limited Company Limited Liability Partnership
Governing Act Governed by the Companies Act Governed by the Limited Liability Partnerships Act
Suitable For Financial Services, Tech Startups, Medium Enterprises Consultancy firms, Professional Services
Shareholders/ Partners Minimum– 2
Maximum– 200
Minimum– 2
Maximum– Unlimited
Minimum Capital Requirement No minimum capital requirement, but it is often advised to set the authorized capital at ₹1,00,000 (One Lakh) No minimum capital requirement, but it is often advisable to consider an initial capital of ₹10,000
Tax Rates The basic tax rate, excluding Surcharge and Cess – 25% The standard fixed rate – 30% on their generated earnings.
Fundraising Easier to raise funds from Investors Raising funds can be challenging
Transfer of Shares Shares can be easily transferred by amending AOA Transfer of partnership rights may require the consent of other partners and is generally more complex
ESOPs Can issue ESOPs to the Employees Unable to issue ESOPs to the Employees
Agreements Duties, Responsibilities, and other basic clauses outlined in MOA and AOA Duties, Responsibilities and other basic clauses outlined in the LLP Agreement
Compliances • More compliance costs
• Mandatory 4 Board Meetings
• Mandatory Statutory Audits
• Mandatory filings include Annual financial statements in form AOC–4 and annual returns in Form MGT–7, etc.
• Less Compliance Costs
• No mandatory Board Meetings
• Statutory Audits are not required if turnover is less than 40 Lakhs or capital contribution is less than 25 Lakhs.
• Mandatory filings include Annual financial statements in Form 8 and annual returns in Form 11.
Registration Company registration is done by SPICe+ form LLP registration is done by FiLLiP form
Name Reservation Company name reservation is made by SPICe+ Part A LLP name reservation is done by LLP–RUN
Dissolution More complex
Can be initiated by filing STK–2 form
Less Complex
Can be initiated by filing the Form 24

While the differences between LLPs and Private Limited Companies are numerous, they share similarities in key aspects:

  • Limited Liability
  • Separate Legal Identity
  • Registration Process with the MCA
  • Perpetual Succession

Let’s understand the key features and registration process in detail for both Private limited companies and LLPs.

What is a Private Limited Company?

A Private Limited Company (Pvt Ltd) is a privately held business entity that operates under the legal framework of the Companies Act of 2013 in India (or similar laws in other countries). It combines the benefits of limited liability protection for its shareholders with certain restrictions to maintain its private nature.

This structure is popular among startups and small to medium-sized enterprises due to its ability to attract investments while offering limited liability protection and operational flexibility.

Features of Pvt Ltd Company

Listing down some key advantages of a Private Limited Company below:

1. Limited Liability

The liability of Shareholders is limited. Personal assets are generally protected from business debts.

2. Separate Legal Entity

A Private Limited Company is considered a distinct legal entity from its owners (shareholders). It can enter into contracts, own property, and sue or be sued in its own name.

3. Ownership

Owned by shareholders who hold shares in the company. Transfer of ownership is facilitated through the buying and selling of shares.

4. Management

Managed by directors who are appointed by the shareholders. The day-to-day operations are overseen by the management team, while major decisions are often subject to shareholder approval.

5. Number of Shareholders

Requires a minimum of two shareholders and can have a maximum of 200 shareholders.

6. Regulation and Compliance

Governed by the Companies Act and regulated by the Ministry of Corporate Affairs in India. Compliance includes filing annual financial statements, conducting annual general meetings and maintaining statutory records.

7. Investment and Funding

Easier to attract investment and funding compared to other business structures due to the well-defined ownership structure and limited liability.

8. Perpetual Succession

The company continues to exist even if its shareholders or directors in private limited company change, retire, or pass away. Ownership can be transferred seamlessly through the sale of shares.

Private Limited Company Registration

The Ministry of Corporate Affairs (MCA) has introduced a streamlined process for incorporating companies called the Simplified Proforma for Incorporating Company Electronically Plus (SPICe+). It consists of two parts: Part A and Part B.

1. Step 1: Acquire a Digital Signature Certificate (DSC)

• A Digital Signature Certificate (DSC) is a digital method of verifying or attesting documents.
• It is typically issued with one or two-year validity and is mandatory for all witnesses in the Memorandum of Association (MOA) and Articles of Association (AOA).
• Class 2 or 3 DSCs can be obtained through listed Government Certifying Agencies (CAs).

2. Step 2: Apply for Name Approval using SPICe+ Part A

• Part A facilitates 'Name Reservation' with two proposed names and one re-submission (RSUB).
• In case of name rejection due to various reasons, a re-filing with the specified fee is required.

Note: Simultaneous application for name approval (Part A) and Incorporation (Part B) through SPICe+ is possible, but only one name can be reserved.

3. Step 3: Apply for Company Registration using SPICe+ Part B

After name approval, Part B completes the registration process, including:

  • • Application for allotment of Director Identification Number (DIN)
    • Incorporation of the new company
    • Submission of e-MoA (INC-33) and e-AoA (INC-34)
    • Application for PAN and TAN (mandatory)
    • Application for EPFO registration (mandatory)
    • Application for ESIC registration (mandatory)
    • Application for Professional tax registration (only for Maharashtra)

The entered information in SPICe+ Parts A and B is automatically transferred to associated forms like AGILE-PRO, eAoA, eMoA, URC1, and INC-9, as applicable.

4. Step 4: Open a Bank Account

Open a current account for your company to facilitate seamless financial transactions and business operations, handling various aspects such as receiving payments, making supplier payments and managing payroll.

5. Step 5: File for the Commencement of Business Certificate

The Commencement of Business Certificate, filed through Form INC-20A within 180 days of incorporation, is a declaration by the Director of the Company submitted to the Registrar of Companies.

{{pvt-cta}}

After the SPICe+ Form receives approval, the Registrar of Companies (ROC) issues the Certificate of Incorporation, confirming the successful registration of your company.

This certificate includes vital information such as the Company's name, registration number (CIN), date of incorporation, registered office address, and so on.

Example of CIN: U72200KA2013PTC097389

Read more about what each letter in a CIN signifies here.

What is a Limited Liability Partnership?

A Limited Liability Partnership (LLP) is a business structure combining features of a traditional partnership and a limited company.

Limited Liability Partnerships are often chosen by professional services firms, small businesses and ventures where the partners want the flexibility of a partnership along with the protection of limited liability.

Features of LLP

A Limited Liability Partnership (LLP) is a business structure that combines features of both a traditional partnership and a limited company. Limited Liability Partnerships are often chosen by professional services firms, small businesses, and ventures where the partners want the flexibility of a partnership along with the protection of limited liability.

Some key characteristics of a Limited Liability Partnership are:

1. Limited Liability

Similar to a private limited company, partners in an LLP have limited liability.

2. Separate Legal Entity

An LLP is a distinct legal entity from its partners. It can own property, enter into contracts, and sue or be sued in its own name.

3. Ownership

Owned by partners, and the ownership structure is defined by the LLP agreement. Transfer of ownership usually requires the consent of other partners.

4. Management

Managed by partners or a designated management team, as specified in the LLP agreement. Each partner typically has an equal say in the management decisions, making it a more collaborative structure.

5. Number of Partners

Requires a minimum of two partners, and there is no maximum limit on the number of partners in an LLP.

6. Regulation and Compliance

Governed by the Limited Liability Partnership Act in India, with less stringent regulatory requirements compared to a private limited company. Compliance involves filing annual returns and maintaining statutory records.

7. Flexibility

Offers greater flexibility in terms of internal management and decision-making processes compared to a private limited company.

Limited Liability Partnerships Registration

Here's a simplified guide on the steps for Limited Liability Partnership (LLP) registration:

1. Step 1: Apply for DSC

  • Obtain a Digital Signature Certificate (DSC) from Government Certifying Agencies with one or two-year validity.

2. Step 2: Name Reservation

  • Reserve the LLP's name using the LLP-RUN form.

3. Step 3: Apply for Registration through FiLLiP

  • Complete the FiLLiP (Form for Incorporation of Limited Liability Partnership) and submit it to the Registrar. Alongside FiLLiP, submit the Subscriber sheet and Partner's consent (Form 9) as additional documentation.

4. Step 4: File LLP Agreement

  • File the LLP Agreement using Form 3 on the MCA portal within 30 days of LLP registration.

After the FiLLiP Form receives approval, the Registrar of Companies (ROC) issues the Certificate of Incorporation, a crucial legal document confirming the successful registration of your company.

This certificate includes vital information such as the LLP's name, registration number (LLPIN), date of incorporation, registered office address, and more.

Example of LLPIN: AAA-1234

{{llp-cta}}

LLP vs Pvt Ltd Ownership

  • Shareholders vs. Partners
    • Pvt Ltd Ownership: Shareholders own the company but may not be involved in day-to-day management. Primarily managed by Directors.
    • LLP Ownership: Partners typically manage the business and have a direct role in decision-making.
  • Transfer of Ownership
    • Pvt Ltd: Shares can be easily transferred from private limited company members, making it simpler to onboard or exit shareholders.
    • LLP: Ownership transfer requires the consent of other partners, which can be complex.

LLP vs Pvt Ltd Compliance

  • Compliance for Private Limited Companies
    • Hold the First Meeting of the Board of Directors within 30 days of the Incorporation of the Company. It is compulsory to host four meetings in a year with a gap not more than 120 days.
    • Hold an Annual General Meeting every year, on or before September 30th, during business hours and in the registered office.
    • Appoint the company's first auditor within 30 days of incorporation, who will serve until the end of the first AGM.
    • File Form ADT 1 within 15 days of the appointment of the subsequent auditor.
    • File Annual Returns (AOC 4 and MGT 7) within 30 and 60 days of holding the AGM, respectively.
    • File Form ITR-6 for Income Tax Return annually.
    • File Form DIR-3 KYC to disclose details of the Directors.
  • Compliance for Limited Liability Partnerships
    • File an LLP agreement within 30 days of incorporation. The penalty of ₹100/day will be levied if an LLP fails to comply with this condition.
    • File the form DIR3 for the DIN allotment in case of an existing company.
    • File two annual statements for Annual Return and Statement of Accounts and Solvency using Forms 11 and 8, respectively.
    • Sign, verify and file the Income Tax Return (ITR) annually.
    • Depending on their shareholding capacity, you and your partner must deposit their contribution into the relevant bank account within the specified time frame.
    • Get a GST registration since it is a legal compulsion per the GST Act.
    • Audit your accounts through CAs if the company's annual turnover exceeds Rs 40 lakhs or the contribution surpasses ₹25 lakhs of the threshold limit.
    For businesses that prefer a simpler and cost-effective compliance framework, LLPs are the better option. With fewer regulatory requirements, LLPs reduce the administrative burden, making them ideal for small businesses, professional firms and startups not seeking external funding. However, for companies planning rapid growth, attracting investors or requiring a formal structure for credibility, Pvt Ltd companies are worth the added compliance effort.

LLP vs Pvt Ltd Funding

  • Equity Financing
    • Pvt Ltd Company funding: Easily attracts investors by issuing shares, making it suitable for startups seeking venture capital or private equity.
    • LLP funding: Equity financing is not possible since partners cannot issue shares.
  • Debt Financing
    • Both structures can access loans, but Pvt Ltd companies have additional options like issuing debentures or convertible notes.

LLP vs Pvt Ltd Foreign Direct Investment (FDI)

  • Pvt Ltd Company funding: Easily attracts investors by issuing shares, making it suitable for startups seeking venture capital or private equity.
  • LLP: FDI in LLP is allowed only in sectors where 100% FDI is permitted and is subject to approval in other cases, making it less flexible.

LLP vs Pvt Ltd Taxation

  • Taxation for Pvt Ltd CompaniesIncome tax for Pvt Ltd companies:
    • 25% if the turnover is up to ₹400 crore (as per recent provisions).
    • 30% for larger companies.
    A cess of 4% applies to the tax amount, along with surcharges for higher income levels.
  • Taxation for LLPsLLP taxation rate is 30% on their total income plus a surcharge (if applicable) and cess.Both LLPs and Pvt Ltd companies are treated equally under the GST regime:
    • GST registration is mandatory for businesses with annual turnover exceeding ₹20 lakhs (₹40 lakhs for goods in some states).
    • Compliance includes filing monthly or quarterly GST returns, depending on turnover.

Company Registration with Razorpay Rize

You can experience a hassle-free, 100% online business registration process with Razorpay Rize, featuring the lowest professional fees and absolutely no hidden charges.

Explore the diverse range of services tailored to suit the needs of both startups and established businesses.

{{pvt-llp-cards}}

Our package includes:

  • Company Name Registration
  • 2 Digital Signature Certificates (DSCs)
  • 2 Directors’ Identification Numbers (DINs)
  • Certificate of Incorporation(COI)
  • MoA & AoA [Applicable for Private Limited Companies and OPCs]
  • LLP Agreement [Applicable for LLPs]
  • Company PAN & TAN

*Prices and documents can differ based on the company type.

Which Company Type Should You Register Your Business With?

Before proceeding with the registration of either an LLP or a company, it is crucial to evaluate the following factors carefully.

• Consider the nature and size of your business

  • If you operate a small business with a limited workforce, opting for LLP registration might be more favourable, given the relatively lighter compliance requirements compared to a company. On the other hand, for larger businesses with substantial employee numbers and capital needs, registering as a company provides greater flexibility in raising capital.

• Fundraising requirements

  • If your goal is to raise funds through equity, choosing a company structure is imperative. However, if your fundraising needs are more straightforward, the LLP structure may be a more suitable option.

• Tax rates

  • It's essential to compare the tax rates applicable to both company and LLP structures, as there can be significant differences. Opt for the structure that aligns with your financial goals based on total income or turnover.

Personal liability protection

  • While an LLP offers limited liability protection, a company structure treats the company as a distinct legal entity, safeguarding shareholders' personal assets.

Ultimately, the choice between a company structure and an LLP structure hinges on the unique characteristics of your business, including its nature, size, and capital requirements.

Find Your Ideal Company Type

If you still need more help deciding which company type to register with, don't worry! We’ve got you covered with our latest tool - "Know Your Company Type."

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For the first time in India, simply answer a quick set of questions about your startup, and this tool will leverage your responses to identify the ideal company registration type. Find your perfect fit with just one click!

Explore side-by-side comparisons of popular company types for added clarity and make informed choices effortlessly!

Frequently Asked Questions

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Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


One Person Company
(OPC)

1,499 + Govt. Fee
BEST SUITED FOR
  • Freelancers, Small-scale businesses
  • Businesses looking for minimal compliance
  • Businesses looking for single-ownership

Private Limited Company
(Pvt. Ltd.)

1,499 + Govt. Fee
BEST SUITED FOR
  • Service-based businesses
  • Businesses looking to issue shares
  • Businesses seeking investment through equity-based funding


Limited Liability Partnership
(LLP)

1,499 + Govt. Fee
BEST SUITED FOR
  • Professional services 
  • Firms seeking any capital contribution from Partners
  • Firms sharing resources with limited liability 

Frequently Asked Questions

Which is better, LLP or Pvt Ltd?

The choice between an LLP and a Pvt Ltd company depends on the nature and goals of the business:

  • LLP: Best for small businesses, professional services and firms looking for flexibility and cost-effective compliance. LLPs are ideal for businesses that do not need external investors or plan to scale aggressively.
  • Pvt Ltd: Suitable for businesses planning to raise funds, scale operations or build a more structured and credible entity. Pvt Ltd companies are preferred by startups seeking venture capital or private equity investments.

Refer to the detailed difference between LLP and Pvt ltd company for more context.

Does LLP need to file a tax return?

Yes, all LLPs must file an Income Tax Return annually, irrespective of whether they have generated income or incurred losses. Key requirements include:

  • ITR-5 Form: Used for filing LLP income tax returns.
  • Tax Audit: Mandatory if the annual turnover exceeds ₹1 crore.
  • LLPs must file tax returns by the end of the financial year.

How is the salary from LLP taxed?

  • Partners' Salary: Salaries or remuneration paid to partners of an LLP are treated as business expenses for the LLP and are deductible from its taxable income.
    • The salary received by partners is taxed as personal income under the Income Tax Act, based on their applicable income slab rates.
  • Employee Salary: Salaries paid to employees of an LLP are subject to TDS (Tax Deducted at Source) and standard income tax rules.

Can an LLP have employees?

Yes, an LLP can hire employees just like any other business entity.

  • Employees of an LLP are entitled to all statutory benefits, such as Provident Fund (PF), Employee State Insurance (ESI) and gratuity, if applicable.
  • Salaries paid to employees are subject to payroll taxes, such as TDS and GST compliance (for specific payments like consulting fees).

Why do people prefer LLP?

Many small businesses and professional firms prefer LLPs due to their unique advantages:

  1. Low Compliance
  2. Cost-Effective
  3. Limited Liability
  4. Tax Efficiency
  5. Flexibility in Management
  6. Separate Legal Entity

LLPs are especially favoured by professionals (like consultants, lawyers, or accountants) and small businesses that prioritise simplicity and operational control.

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Prakhar Shrivastava
foxsell.app
We would recommend Razorpay Rize incorporation services to any founder without a second doubt. The process was beyond efficient and show's razorpay founder's commitment and vision to truly help entrepreneur's and early stage startups to get them incorporated with ease. If you wanna get incorporated, pick them. Thanks for the help Razorpay.

#entrepreneur #tbsmagazine #rize #razorpay #feedback
Dhaval Trivedi
TBS Magazine
Hey, Guys!
We just got incorporated yesterday.
Thanks to Rize team for all the Support.
It was a wonderful experience.
CHEERS 🥂
#entrepreneur #tbsmagazine #rize #razorpay #feedback
Dhaval Trivedi
Nayan Mishra
https://zillout.com/