i. Separate legal entity
An LLP can sue and be sued in its own name. Contracts are signed in the LLP's name, which gives customers, suppliers, and other stakeholders a sense of confidence in the business.
Service
The flexibility of a partnership with the protection of limited liability — registered with the Ministry of Corporate Affairs.
A Limited Liability Partnership (LLP) combines the operational flexibility of a partnership with the limited-liability protection typically associated with companies. An LLP can be registered with a minimum of two partners.
The LLP Agreement defines the rights, duties, and obligations of the partners. Importantly, one partner is not held responsible for the misconduct or negligence of another — each partner's liability is contained. Partners are responsible for compliance and for adhering to the terms set out in the LLP Agreement, which is filed with the Registrar after incorporation.
Why an LLP
An LLP can sue and be sued in its own name. Contracts are signed in the LLP's name, which gives customers, suppliers, and other stakeholders a sense of confidence in the business.
Partners are liable only to the extent of their agreed contributions. Personal assets remain protected from business losses, debts, and the misconduct of other partners.
Forming and running an LLP is materially less expensive than a private limited company. An LLP files only two annual statements — the Annual Return and the Statement of Accounts & Solvency.
The LLP Agreement can be tailored to your specific commercial arrangement — profit-sharing, decision-making, contributions, and exit terms are all negotiable between the partners.
An LLP can be incorporated with any amount of contribution agreed between the partners. This makes it well-suited to professional services and small ventures starting lean.
Distribution of profits among partners is not taxed at the partner level (unlike dividends from a company), making the LLP an efficient pass-through for many small businesses.
Process
We apply for Digital Signatures (DSC) for the designated partners of the proposed LLP. The cost varies with the number of partners. We then obtain Director Identification Numbers (DIN) via Form 3 for all those intending to be designated partners.
We file the LLP-RUN (Limited Liability Partnership – Reserve Unique Name) application on the MCA portal. The Central Registration Centre processes the request under non-STP mode.
We file the incorporation application with the Registrar having jurisdiction over the state in which the LLP's registered office is situated, along with all supporting documents.
Our team drafts the LLP Agreement and files it in Form 3 on the MCA portal. The Agreement must be printed on Stamp Paper — note that the value of Stamp Paper varies by state.
Compare structures
Choosing the right business structure has long-term consequences for liability, tax, and compliance. Here's how the five common Indian structures compare at a glance.
| Feature | Proprietorship | Partnership | LLP | Pvt. Ltd. Company | OPC |
|---|---|---|---|---|---|
| Number of persons | One | Two or more | Two or more | Two or more | One person + one nominee |
| Designation | Proprietor | Partner | Designated Partner | Director | Director |
| Name | As chosen | As chosen | Ends with "LLP" | Ends with "Private Limited" | Ends with "OPC Private Limited" |
| Registration | Shops & 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 separate | Not separate | Separate entity | Separate entity | Separate entity |
| Liability | Unlimited | Unlimited | Limited | Limited | Limited |
| Audit | Above ₹1 crore turnover | Above ₹1 crore turnover | Contribution > ₹25 lakh or turnover > ₹40 lakh | 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 | Slab rates | Slab rates | 30% + surcharge + cess; profit distribution not taxed | 30% + surcharge + cess; profit distribution taxed | Comparatively higher |
| Meetings | Not mandatory | Not mandatory | Not mandatory | Mandatory | Mandatory |
| Credibility | Lower | Lower | Mid | High | High |
| Dissolution | Easy | Easy | Less complex than company | Complex | Complex |
| Governing law | Not separate; no specific Act | Partnership Act, 1932 | LLP Act, 2008 | Companies Act, 2013 | Companies Act, 2013 |
Indicative comparison only. Specific tax and compliance positions depend on facts; please obtain advice for your matter.
Tell us about your partners and what you intend to do. We'll come back with a clear, fixed-fee proposal within one working day.