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Private Limited Company ( PLC ) v/s LLP

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Maharshi Shah

LLP
PLC
Start & Run Business
Last updated on June 3rd, 2021

There are many business forms for entrepreneurs to choose from. Two of the most common business forms are Private Limited Company (PLC) and LLP. Let us understand each of these in detail and also take a look at the differences between the two.

What is LLP – Limited Liability Partnership?

A partnership comprising of two or more partners registered with the Ministry of Corporate Affairs under the LLP act, 2008 is known as the Limited Liability Partnership. It is a more preferable form of organization as it provides benefits of private limited and partnership firm. It is a legal entity separated from its partners and all the partners have limited liability up to the contribution made by them and no partner is responsible for the act of another partner.

What is Private Limited Company?

A minimum of two shareholders, who may be individuals or body corporates acting through their representatives, can start the Private Limited registration procedure. Further, the Directors can be same as the shareholders or subscribers to Memorandum of Association as well as Articles of Association (MOA and AOA). Additionally, it protects the members from unlimited liability at the time of loss or closure of company.

A private limited company has all the advantages of a partnership firm like flexibility, greater capital contribution as well as advantages of limited liability, greater stability and legal entity.

LLP v/s PLC

Features LLP PLC
Limit on owners of business There is no limit on maximum partners There is a restriction of not having more than 200 members
Minimum Contribution Requirement There is no minimum capital requirement  Minimum capital requirement of INR 1 Lakh
Cost of Formation Cost of incorporation is approximately INR 8,000 The cost of incorporation varies from INR 6,000 to INR 30,000 depending upon the number of directors, number of members, authorized share capital and member fee
Requirement of Audit Audit is only required if:
  • Contributions of LLP exceed INR 25 Lakhs or, 
  • Annual turnover of LLP exceeds INR 40 Lakhs
Statutory audit is compulsory 
Compliance Burden Only have to file the annual return and a statement of accounts and solvency Approx 8-10 compliances per annum are required to be made

FAQs

Is it compulsory to file Form 3 for every LLP?

Yes it is compulsory for every LLP to file Form3 for LLP Agreement within 30 days of its incorporation.

Who can become a Director in a Private Limited Company?

Any person who is over 18 years of age can be a Director in any Private Limited Company. There are no limitations in terms of citizenship or residency. Therefore, foreign nationals can also be directors in a Private Limited Company incorporated in India.

Whether a partner or designated partner shall contribute in LLP?

While the addition of a partner in LLP, the Partner or Designated Partner may contribute the amount agreed by and between all the partners including present in any form whether tangible or intangible. However, it is not mandatory to bring capital to LLP.

Got Questions? Ask Away!

  1. Hello @Vicky_Singh

    Some of the Annual Compliances of a Private Company are:

    1. Filing of Financial Statements in e-Form AOC-4
    2. Filing of Annual Return in e-Form MGT-7
    3. Holding atleast 4 Board Meetings in a financial year
    4. Filing other mandatory forms like DPT-3, DIR-3 KYC, etc.

    Some of the Annual Compliances of an LLP are:

    1. Filing of Financial Statements in e-Form-8
    2. Filing of Annual Return in e-Form-11

    If you’re looking to convert your private limited company to an LLP. you can read morea about it here:

    Hope this helps!