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List the major differences between Partnership Firm, LLP and a  Private Limited company in India.

Question

List the major differences between Partnership Firm, LLP and a Private Limited company in India.

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Solution

  1. Ownership: In a Partnership Firm, two or more individuals come together to form a business and share profits. In a Limited Liability Partnership (LLP), two or more partners form a partnership where their liability is limited. A Private Limited Company is a type of business entity in which the ownership is divided into shares, and these shares are held by shareholders.

  2. Liability: In a Partnership Firm, partners have unlimited liability, which means they are personally liable for the debts of the business. In an LLP, partners have limited liability, which means their personal assets are protected from the debts and liabilities of the LLP. In a Private Limited Company, shareholders have limited liability, which means their personal assets are protected from the company's debts and liabilities.

  3. Legal Status: A Partnership Firm is not a separate legal entity from its partners. An LLP and a Private Limited Company, on the other hand, are separate legal entities from their partners and shareholders respectively.

  4. Transferability of Ownership: In a Partnership Firm, the transfer of ownership requires the consent of all partners. In an LLP, ownership can be transferred without the consent of other partners. In a Private Limited Company, shares can be easily transferred, but there may be restrictions as per the company's articles of association.

  5. Perpetual Succession: A Partnership Firm does not have perpetual succession, which means the firm ceases to exist upon the death, retirement, or insolvency of any partner. An LLP and a Private Limited Company, however, have perpetual succession, which means the entity continues to exist even if a partner or shareholder dies or leaves the business.

  6. Number of Members: A Partnership Firm requires a minimum of two members and there is no maximum limit. An LLP requires a minimum of two partners and there is no maximum limit. A Private Limited Company requires a minimum of two shareholders and a maximum of 200.

  7. Management: In a Partnership Firm, all partners have the right to participate in the management of the business. In an LLP, the right to manage the business is vested in the designated partners. In a Private Limited Company, the management of the company is in the hands of the directors who are elected by the shareholders.

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