Factors Of Comparison | Private Limited Company | One Person Company | Limited Liability Partnership |
---|---|---|---|
● Governing Law & Regulatory Authority | ● The Companies Act 2013 & the Ministry of Corporate Affairs(MCA) | ● The Companies Act 2013 & the Ministry of Corporate Affairs(MCA) | ● The LLP Act 2008 & the Ministry of Corporate Affairs(MCA) |
● Minimum Requirement for Formation | ● 2 Shareholders ● 2 Directors ● Directors & Shareholder can be the same person |
● 1 Shareholder ● 1 Director ● 1 Nominee of sole member ● Director & Shareholder can be the same person |
● At least 2 partners |
Maintenance of Books of Accounts | ● Mandatory | ● Mandatory | ● Mandatory |
Maintenance of Basic Statutory Records | ● Minutes of the Board Meetings (min. 4 annual) & General Meetings. ● Share Register & Share Certificates. ● Statutory Register |
● Share Certificates. ● Statutory Register |
● Optional ● Minutes of the Meetings |
Board Meetings | ● First meeting within 30 days from the date of incorporation ● Minimum four board meetings in a calendar year |
● No meetings required if the company has only one director |
● No compulsory meeting. ● Meetings of partners may be called for events such as: ● Induction of the heir of any existing partners as a partner(s) of the LLP ● Amendment in the objects of the LLP |
Annual General Meetings(AGM) | ● Mandatory | ● No AGM required | ● Not Applicable |
Annual ROC Filings | ● Balance sheet, profit &loss account, cash flow statement, & statement of changes in equity in Form AOC-4 Annual return in Form MGT-7 |
● Balance sheet, profit &loss account, cash flow statement, & statement of changes in equity in Form AOC-4 Annual return in Form MGT-7 |
● Statement of account & solvency in e-Form 8 Annual return in e-Form 11 |
Annual Tax Filings | ● Mandatory- tax return in form ITR-VI | ● Mandatory- tax return in form ITR-VI | ● Mandatory- tax return in form ITR-V |
Statutory Audit | ● Yes Compulsory. No turnover limit. | ● Yes Compulsory. No turnover limit. | ● Not Compulsory if turnover < Rs.40 Lakhs and capital contribution < Rs. 25 Lakhs |
Alteration of Name | Address | Objects .etc
Conversion |
● Filing required with ROC approval from central govt in some cases ● A Private Company can be converted into OPC subject to: |
● Filing required with ROC approval from central govt.in same cases ● An OPC shall be converted into Private Limited Company mandatorily, subject to: |
●Filing required with ROC
● Cannot be converted into a Private Limited Company directly |
Closures/Dissolution | ● Can be initiated voluntarily,
|
● Can be initiated voluntarily,
|
● Can be initiated voluntarily,
|
Taxation | ● Taxed at 25% | ● Taxed at 25% | ● Taxed at 30% |
Fund Raising Options | ● High | ● Low | ● Low |
Compliance Cost | ● High | ● Medium | ● Medium |
Recommended For | ● Start-ups and growing companies | ● Sole promoters | ● Professional services firms |
Ease of Accommodating Investment | ● Very easy to accommodate | ● Possible, but severely unlikely | ● Possible, but unlikely |
Tax Advantages | ● Few benefits | ● Few benefits | ● Few benefits |
Perpetual Existence | ● Yes | ● Yes | ● Yes |
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