Difference Between Partnership Firm Vs. Limited Liability Partnership
What is Limited Liability Partnership?
Limited Liability Partnership is a type of partnership agreement only having more advantages than the traditional partnership model. Limited liability partnership is an agreement between 2 or more persons to carry out a business or profession. LLP agreement is executed for the same between them containing right and duties of the partners.
As the name suggests, Partners in LLP will have limited liability and will not be responsible for misconduct and wrong doings of other partners. The LLP is a separate legal entity, the partners and LLP are distinct from each other. LLP can be registered by filing forms with registrar of companies just like we incorporate the companies. Need any assistance in Limited Liability Partnership registration, then ExpertBells team will be happy to help you.
Features of an LLP(Limited Liability Partnership)
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Limited Liability
Partners in LLP will have a limited liability and is not liable on account of illegal and unauthorised actions of other partners. Thus, LLP provides a shield to its partner.
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No Personal Liability
Partners will not be personally liable for any due against the LLP and cannot be sued for the same.
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Number of Partners
There is no maximum limit on number of partners for a LLP, however minimum 2 partners will be required.
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Low-Cost Formation
LLP can be formed with a very low cost, and it is easy to form as compared to a company.
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Low Compliance Cost
It is easy and economical to fulfil statutory compliance of LLP as compared to a company.
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Less Compliance
LLP enjoys less compliance and restrictions as compared to a company.
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LLP Suffix
Name of LLP contains the word LLP as suffix.
What is Partnership firm?
Partnership firm is basically a name given to a group of individuals operating under a partnership agreement. It is not a separate legal entity distinct from its members. It can be defined as an association of 2 or more people come together to run a business or profession and agreed to share the profit or loss of the same.
All the partners in the partnership firm act as an agent for each other and the firm and will be liable jointly for misconduct or illegal act done in the name of partnership firm or by partners.
In this partnership model, every partner is liable for the dues of the partnership firm and the same can be recovered from the individual properties of the partner too if the assets of the firm are not sufficient.
The maximum number of the partners a partnership firm can have is 20. It can start with a minimum of 2 partners. It is governed by ‘Indian Partnership Act, 1932’.
Features of a Partnership firm
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No Limited Liability
Partners in partnership firm will have unlimited liability. As they act as an agent for each other and firm, they will be liable for all the unauthorised act in the name of firm by any partner.
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Personal liability
Partners will be personally liable for any due against the firm. If the assets of the firm are not sufficient, their personal property may be used to recover the dues.
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Number of partners
There is a maximum limit on number of partners for a Partnership firm which is 20.
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Low-cost formation
Partnership firm also can be formed with a very low cost, and it is even easy to form as compared to an LLP.
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Low compliance cost
There is almost negligence compliance cost in case of a partnership firm.
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Less Compliance
As partnership firm is not a separate legal entity, compliance and restrictions are even less as compared to a LLP.
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No Suffix
No suffix or prefix needs to be added in the name, any name can be decided as per the choice of the partners.
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Runs on faith
A partnership firm is runs solely on the trust and faith amongst the partners.
Key Difference Between Partnership Firm Vs. Limited Liability Partnership
Check out the key difference between partnership firm and lilited liability partnership.
Basis |
Partnership Firm |
Limited Liability Partnership (LLP) |
Governing Act |
Partnership firm is governed by ‘Indian Partnership Act, 1932’. |
LLPs are governed by ‘The Limited Liability Partnership Act, 2008’. |
Nature |
Not a separate legal entity from its partners. |
It is a separate legal entity and has its own existence. |
Perpetual Succession |
Its existence depends on its partners, if all partners die or exit, it will lose its existence. |
It has a perpetual succession; Partner may come or go but it will continue. |
How to Incorporate |
Partnership needs to be registered with registrar of firms by submitting partnership deed along with other documents, however registration is optional. ExpertBells can register your partnership firm. |
LLP registration process is much similar to private limited company registration. LLP needs to be registered by filling online forms at www. mca.gov.in. Registration with Registrar of LLP is compulsory. ExpertBells can register your LLP |
Number of Partners |
Minimum 2, Maximum 20 (Foreign national cannot be a partner) |
Minimum 2, No limit on maximum (Foreign national can be a partner) |
Liability of Partners |
Unlimited Liability |
Limited to the extent of their contribution in the LLP |
Identification number |
Partners are not required to get any Identification number. |
Designated partner identification number (DPIN) is required. |
Governing Document |
Partnership deed |
LLP agreement |
Dissolution |
Voluntarily or by court order |
Voluntarily or by NCLT order |
Digital Signature Certificate |
No digital signature certificate is required. |
Digital signature certificate is required for obtaining DPIN. |