In the previous article we discussed about the............................ in this article, we will further difference between LLP and ordinary partnership.
S.N |
Reasons |
Ordinary Partnership |
LLP |
1 |
Applicable law |
Indian Partnership Act 1932. |
Limited Liability Partnerships Act 2008. |
2 |
Registration |
Registration is Optional |
Registration is compulsory with ROC. |
3 |
Separate Legal Identity |
Ordinary Partnership do not have separate identity |
LLP has separate legal identity. |
4 |
Creation |
It is created by an agreement between partners. |
It is created by law. |
5 |
Perpetual succession |
Ordinary Partnership do not have perpetual succession. |
It has perpetual succession and individual partners may come and go. |
6 |
No. of member |
At least 2 and maximum of 20 Partners. |
Minimum 2 members are required but there no limit for maximum member. |
7 |
Liability of Partner/member |
Liability of partners is unlimited and every partners are responsible jointly or severally for work done by each other. |
Liability of partners are limited to the extent of their contributions to LLP |
8 |
Principal agent relationship |
Partners are the agents of the firm and of each other. |
Partners are agents of the firm only and not of other partners. |
9 |
Ownership of Assets |
Partnership firm can not own any assets. |
As the LLP is the separate legal entity, it can own assets. |
If you want to form an ordinary Partnership, there is no need for registration. Individuals can do business without registering the Partnership. So if you want to form a Partnership, go ahead and form a partnership business without the burden of registration the major concerns of people is about proceedings and documentations. People choose to form a simple partnership because they do not want the long legal proceedings and regulations that come along with forming a LLP.Don’t worry, the complexity is slightly overrated. Formation of Partnership is definitely easier from a regulatory point of view but all the basic procedures – getting a Service Tax / VAT registration, getting a PAN & TAN Card, opening a fresh bank account and getting an IEC still have to be complied with, even if you start as a simple Partnership. And if your income is above the taxable limit, you need to file tax returns irrespective of whether you are a simple Partnership or LLP.