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Difference between proprietorship and partnership firm in india

There are various forms of business organization in which the business entity can be organized, managed and operated. Sole Proprietorship is one of the oldest and easiest forms, which is still prevalent in the world. In this type of business, only one person owns, manages and controls the business activities. The individual who runs the business is known as a sole proprietor or sole trader. On the contrary, Partnership is that form of business organization two or more individuals come together and agree to share profit and losses of the business, which is carried on by them.

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SEE VIDEO BY TOPIC: Types of Companies - Proprietorship VS Partnership VS LLP VS Pvt Ltd Company

Difference between sole proprietorship vs partnership

When a business takes the first step into the world of trade, the initial task is to register their firm. In this feature, we expound upon the aspects of each to help make the decision simpler. Start-up founders can be overwhelmed by legal information when they go looking for it.

The sheer number of requirements the government places on businesses can, and does, confuse. Consequently, entrepreneurs allow themselves to be misled down paths they need not take. Listed below are some of the legal services provided at Vakilsearch. If you find them useful, feel free to contact us. Features of Private Limited Company In short, this legal structure should be considered by start-ups looking to raise funding or attract the best in the job market with ESOPs.

But please read on to know why this is so:. For Businesses Raising Funding: Fast-growing businesses that will require funding from venture capitalists VCs need to register as private limited companies. This is because only private limited companies can make them shareholders and offer them a seat on the board of directors.

Requires Greater Compliance: In exchange for the convenience of easily accommodating funding, the private limited company set-up needs to meet the demands of the Ministry of Corporate Affairs MCA. These range from a statutory audit, annual filings with the Registrar of Companies RoC , annual submission of IT returns, as well as quarterly board meetings, the filing of minutes of these meetings, and much else. Register your company with Vakilsearch.

Few Tax Advantages: The private limited company is assumed to have many tax advantages, but this is not actually the case. Start-up Cost: A private limited company costs around Rs. However, this will be higher in some states; in Kerala, Punjab and Madhya Pradesh, in particular, the fees are much higher.

You also need some paid-up capital, which can be as little as Rs. The annual compliance costs are around Rs. It has limited liability, like a private limited company, and has a simpler structure, like a general partnership. For example, an audit needs to be performed only if your turnover is greater than Rs. Furthermore, whereas all structural changes need to be communicated to the RoC in the case of private limited companies, the requirement is minimal for LLPs.

Tax Advantages: Particularly if your business is earning over Rs. The tax surcharge that applies on companies with profits over Rs. Loans to partners are also not taxable as income. Start-up Cost: Much cheaper than starting a private limited company, with government fees of Rs. Features of OPC An OPC is not much different than a private limited company, except in that there is only one director although there must be a nominee , who will be also the sole shareholder. For Solo Entrepreneurs: A big improvement over the sole proprietorship firm, given that your liability is limited, the OPC is meant for solo entrepreneurs.

However, do note that if it has revenues of over Rs. Furthermore, given that there must be a nominee director to enable perpetual existence of the OPC , you may as well consider starting a private limited company, which will also have flexibility of raising funding. High Compliance Requirements: While there are no board meetings, you have to conduct a statutory audit, submit annual and IT returns and comply with the various requirements of the MCA.

Start-up Costs: Nearly the same as a private limited company, with government fees of a little less than Rs. However, this will change for different states; in Kerala, Punjab and Madhya Pradesh, in particular, the fees are much higher. The simple reason for this is unlimited liability. Unlimited Liability: On account of unlimited liability, the partners in the business are liable for all of its debts.

So the bank, institution or supplier would have right to your jewellery, house or car. Furthermore, aside from ease of set-up and minimal compliance, the partnership offers no benefits over the LLP. If you opt to register it, which is optional, it may not even be cheaper.

Easy to Start: If you choose not to register your partnership firm, all you need to get started is a partnership deed. This you can have ready in just two to four days. Even registration, for that matter, can be completed in a day, once you have the appointment with the registrar. As compared with a private limited company or LLP, therefore, the procedure for starting-up is much simpler.

Features of Sole Proprietorship Only small traders and merchants should consider this. The simple reason for this, just as in the case of the partnership firm, is unlimited liability. Unlimited Liability: Just as a partnership, a sole proprietorship has no separate existence. Therefore, all debts can only be recovered from the sole proprietor.

This means the owner has unlimited liability with regard to all the debts. Easy to Start: Although many people say they want a sole proprietorship registration, there is no such thing. There is no separate registration procedure for proprietorships. All you need is a government registration relevant to your business. Therefore, starting up as a sole proprietor is relatively easy. A private limited firm requires more compliance while an LLP has fewer rules to adhere to.

OPC is suitable for one business owner but does have a hefty tax rate. A partnership company and sole proprietorship both are easy to start but come with unlimited liability. All rights reserved. Copyright Registration Shield Your Trademark. Latest News. LOG IN. Log into your account. Recover your password. Back to blog Share. Older Posts. Defaulted in the MCA list? Leverage the New Scheme of Government. Find out here. Recent Posts. Amrit Sharma - May 16, If you are The Coronavirus has brought the world to a standstill.

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The Five Differences Between a Partnership and a Sole Proprietor

When a business takes the first step into the world of trade, the initial task is to register their firm. In this feature, we expound upon the aspects of each to help make the decision simpler. Start-up founders can be overwhelmed by legal information when they go looking for it. The sheer number of requirements the government places on businesses can, and does, confuse. Consequently, entrepreneurs allow themselves to be misled down paths they need not take.

If you are going to start a new business, then you have to be careful that you have a right entity for your business. It is very important to make the right decision while incorporation of your business. You can incorporate your business as a Sole Proprietorship Firm, if there is only one owner of the firm, Sole Proprietorship Firm requires only person for incorporation of business whereas there are requirement of 2 or more partners to incorporate a Partnership Firm.

So, you were working on a new idea and this time you were more serious than your last hackathon and you decide to actually formalize something. Now at this point, you would not be knowing what that something is, it could be —. Proprietorship — This is when there is a single owner and you would like to move really fast. There is minimal paperwork required for this purpose.

One Person Company vs Sole Proprietorship Firm in India

This article will provide you with the difference between business formations. If you want to start a new business and you are not able to pick one form then here is a glance of differences between various forms. There are few forms prevailing in India such as proprietorship, partnership, One Person Company, limited liability partnership and Pvt Ltd company. The difference between them on various bases is mentioned below:. Not considered as a separate legal entity Not considered as a separate legal entity Considered to have a separate legal entity Considered to have a separate legal entity Separate legal entity Members liability. Unlimited liability Unlimited liability Liability of its members is limited Limited to the extent of share capital. Limited to the extent of share capital Minimum number of member. At least 2 persons At least 2 persons Minimum number of 1 person.

Private Limited Company vs LLP vs OPC vs Partnership vs Sole Proprietorship

In India, all the petty retailers, traders, small scale entrepreneurs, etc. On other side, Limited Liability Partnership is formed by at least two partners who invest in the business according to their will and share profit and loss of the company. The liability in case of LLP is protected while in Sole Proprietorship it is not protected and the personal assets of the owner could be seized in case of solvency. A sole proprietorship is a form of business entity that is formed by one person who is responsible for all its operations. It has no separate legal entity as in other business forms.

One of the first questions to answer when you decide to open a business is the type of ownership the business will have. If you and a fellow business associate came up with the idea for the business, a partnership might seem the natural choice.

Many small business owners face a tough decision when starting a business. Will they start the business all on their own, or will they seek others to help in their venture? This ultimately comes down to whether they want to pursue a sole proprietorship or a partnership. In a Sole Proprietorship, the owner is entitled to all profits of the business but is also personally liable for all obligations.

Difference Between Sole Proprietorship and Partnership

OPC and Sole Proprietorship are types of business entities in India which can be incorporated by just one person. On the other hand, incorporating an OPC or a Sole Proprietorship holds its own advantages and disadvantages. If you are confused about whether to start your business as a One Person Company or a Sole Proprietorship, this article for you. Henceforth, an OPC will be required to conform to procurement relevant to private limited companies.

In This Article at Myonlineca, We will tell you about What is The Key difference between A Sole proprietorship and Partnership Firm that will help you in clearly understand what distinguishes sole proprietorship firm meaning from partnership firm. A Sole Proprietorship is a type of Business Entity or a Business organization where there is a single owner of the business who looks after the business operation and Management of the business. Recommend : Convert Proprietorship into Private. Recommend Read : Partnership Deed Format. View Larger Image.

Major Differences Between Sole Proprietorship & LLP in India

Proprietorship has been defined as the simplest business form under which one can operate a business. It is not a legal entity and simply refers to a person who owns the business, personally responsible for its debt. A sole proprietorship can operate under the name of its owner or else do business using a fictitious name. It is a p opular form of business in India, because of its simplicity of set up and nominal cost. The concept is new in India and supports the entrepreneurs who have the capability of starting a venture on their own by creating a one person economic entity. Similar to a company, it has a separate legal entity and offers limited liability protection. This means, that this form of business allows a lone entrepreneur to operate a corporate entity.

still, if you are confused you can check out our website to register your proprietorship firm or Partnership firm In India. Share This Story, Choose Your Platform!


What is the difference between Proprietorship, Partnership, LLP and Pvt. Ltd. Company







Comments: 2
  1. Gataxe

    In my opinion it is obvious. I will refrain from comments.

  2. Meztigami

    It is a pity, that now I can not express - it is very occupied. I will return - I will necessarily express the opinion.

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