A company is both a legal entity and a juristic person. Therefore, a company has broad legal rights like acquiring property, incurring debts, hiring people, etc.
A private limited company is a separate legal entity with limited liability provisions.
A Private Limited Company has multiple options for fundraising. A company can raise funds from shareholders, investors, angels, venture capital funds, private equity funds, foreign funds, NBFCs, banks, and other financial institutions. Only a company can raise debt and equity funds from investors.
Since the company is a separate entity on its own, it is not affected by the death or other departure of any member and therefore there is more business continuity irrespective of the changes in ownership.
Higher Credit worthiness due to stringent compliances and mandatory requirement with the Registrar of Companies. Therefore banks are more than happy to offer loans etc.
The Registrar of Companies after verification shall issue the Certificate of Incorporation of the Company.
Features | Proprietorship | OPC | |||
Number of Person | One person | Two or more | Two or more | Two or more | One person and one nominee |
Designation | Proprietor | Partner | Designated Partner | Director | Director |
Name | As it is | As it is | Ends with LLP | Ends with Private Limited | Ends with OPC Private Limited |
Registration | Shops and Establishment | Registrar of Firms | Registrar of Companies | Registrar of Companies | Registrar of Companies |
Capital | No Minimum | No Minimum | No Minimum | No Minimum | No Minimum |
Legal Status | Not a Separate Entity | Not a Separate Entity | Separate Entity | Separate Entity | Separate Entity |
Liability | Unlimited | Unlimited | Limited | Limited | Limited |
Audit | If turnover above 1 crore | If turnover above 1 crore | If contribution above 25 lakhs or turnover above 40 lakhs | Compulsory | Compulsory |
Compliance | Least | More than proprietorship | More than partnership, less than company | Most | Less than Company |
Filing of resolution | No | No | No | Yes | Yes |
Taxability | Less | Less | 30%+surcharge +cess | 30%+surcharge +cess Distribution of profits taxed | Comparatively More |
Meetings | Not mandatory | Not mandatory | Not mandatory | Mandatory | Mandatory |
Credibility | Less | Less | More than Partnership less than company | High | High |
Dissolution | Easy | Easy | Less complex than company | Complex | Complex |
Governance | Not by any law as not a separate entity | Partnership Act, 1932 | LLP Act, 2008 | Companies Act, 2013 | Companies Act, 2013 |
Agency | No | Partners agent of each other | Partners not agent of each other | Members not agent of each other | Members not agent of each other |
Property | Belongs to the Proprietor | Belongs to its partners jointly | Separate from its partners | Separate from its members | Separate from its members |
Transfer of Share | Not possible | Not possible | Possible | Possible | Possible |
Number of Members | One | 2 to 20 | Min- 2 | Min- 2 | One |
Duration | Till death or insolvency or retirement of proprietor | Till death or insolvency or retirement of partner | Perpetual Succession | Perpetual Succession | Perpetual Succession |