Company registration in India starts with selecting a favourable business structure. Before you start giving the shape to your business, it is essential to choose a business structure that will be beneficial for your business in the long run. It is also necessary to select the right business name.
Following are the essential business structures for company registration in India:
While making a Company Registration in India, it is essential to choose your business structure carefully while registering your Company, as each business structure has different levels of compliance that need to be met with. For example, One Person Company and a Private Limited Company have to file an income tax return and annual returns with the Registrar of Companies. A company's books of accounts are mandatory to be audited every year. Therefore, it is essential to select the proper business structure when thinking of India's company registration.
Risk: All businesses carry some degree of risk, and business owners will want to choose a structure that protects their assets from business liabilities.
Taxation: Another critical aspect is to think about is taxation. Each business structure has to comply with different business structures. To help you further select, read: What is beneficial Pvt Ltd., OPC or LLP- from the taxation point of view.
Complexity: To choose a business structure, it is essential to examine the complexity of the process, list of requirements, compliance etc., before selecting the proper form for your company registration in India.
Point of difference | One Person Company | Private Limited Company | Limited Liability Company |
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Registration | One Person Company will be registered with the Ministry of Corporate Affairs under the Companies Act, 2013. | Private Limited Company will be registered with the Ministry of Corporate Affairs under the Companies Act, 2013. | LLP will be registered with the Ministry of Corporate Affairs under the Limited Liability Partnership Act, 2008. |
Name of the Entity | The Registrar must approve the choice of the name provided by the Promoter of the Company. Only names that are not identical/similar to an existing company or LLP name and names that are not offensive or illegal would be allowed. The entity's name will end with the words (OPC) Pvt. Ltd./ (OPC) Ltd. | The Registrar must approve the choice of the name provided by the Promoter of the Company. Only characters that are not identical/similar to an existing company or LLP name and names that are not offensive or illegal would be allowed. The entity's term will end with "Private Limited Company". | The choice of the name provided by the Promoter must be approved by the Registrar of the Company. Only characters that are not identical/similar to an existing company or LLP name and names that are not offensive or illegal would be allowed. The entity's term will end with "Limited Liability Partnership" or "LLP". |
Legal Status of Entity | One Person Company is a separate legal entity registered under the Companies Act, 2013. The Directors are liable for defaults made under the act. | Private Limited Company is a separate legal entity registered under the Companies Act, 2013. The Directors and Shareholders of a Private Limited Company are not personally liable for the liabilities of the Company. | LLP is a separate legal entity registered under the LLP Act, 2008. The partners of an LLP are not personally liable for the liabilities of the LLP. |
Member(s) Liability | Shareholders have limited liability and are liable only to the extent of their share capital. | Shareholders have limited liability and are liable only to the extent of their share capital. | Partners have limited liability and are liable only to the extent of their contribution to the LLP. |
Existence of survivability | The existence of One Person Company is not dependent upon its members. Hence, it has perpetual succession, i.e., the death of a member does not affect the existence of the Company. | The existence of a Private Limited Company is not dependent on the Directors or Shareholders. Could be dissolved only voluntarily or by Regulatory Authorities | The existence of an LLP is not dependent on the Partners. Could be dissolved only voluntarily or by order of the Company Law Board. |