It is important to choose the right business structure to maintain relevancy in the market. The structure of the business affects the tax liabilities, legal obligations, and investment potential. It also impacts the management and operational flexibility of the business. There are several types of business structures available in India and each has its unique features, benefits, and drawbacks. It is crucial to understand the different business structures to make an informed decision that fits the business requirements and goals. Now we will discuss the different types of company formation in India.
Limited Liability Partnership (LLP)
Limited Liability Partnership is a separate legal entity but still the liabilities of the partners are also limited to the amount that is per their contribution.
Private Limited Company (PLC)
The Private Limited Company (PLC) is another type of company formation in India that has a separate legal entity in the eyes of the law which means that the company is not the same legal entity and is different from its directors, founders, and stakeholders (in the form of shareholders). Every individual in the company is regarded as an employee of the company.
Public Limited Company
The Public Limited Company (PLC) offers shares of the company’s stock to the public, and the liability of the public is limited to the number of shares they hold. In case of any business loss, the public cannot hold responsibility for any amount that exceeds the share value.
One Person Company (OPC)
The government introduced the One Person Company (OPC) under the Company Act 2013. This type of company formation in India allows one person to be one promoter or owner of your company. They can carry on as the sole proprietor and continue to work under the corporate framework.
Why is it Important to Choose the Right Company Formation?
It is a crucial decision for any entrepreneur or business entity to choose the right business structure. Now we will discuss the importance of choosing the right company formation in India.
Taxation
The tax liabilities vary according to the different structures of the business. One must choose the right structure to optimize tax obligations and make sure that the business maximizes its tax benefits while remaining compliant with tax laws.
Legal and Regulatory Compliance
There are distinct legal requirements and compliance obligations for different business structures. It is important to select a suitable structure as it ensures that the business adheres to the necessary regulations, decreasing the risk of legal penalties and issues.
Management of Liabilities and Risks
The level of personal liability differs according to the business structures. For example, sole proprietors and partners in a partnership firm have unlimited liability, while shareholders in a private limited company or members of a limited liability partnership (LLP) enjoy limited liability protection. Select the right company formation in India to manage and mitigate financial and personal risks.
Management and Control
The business structure impacts the control and management of the business. For example, a private limited company requires a board of directors and involves more complex management structures while a sole proprietorship allows for complete control by the owner. Select the right company formation in India to ensure that the business operations fit with the desired level of control and management style.
Investment and Funding
The business structure affects the opportunities for investment and funding. For example, private limited companies and public limited companies are attractive to investors and can raise capital through equity. On the other hand, it is challenging to attract investors for sole proprietorships and partnership firms.
Continuity and Successful Plans
The business structure influences business continuity and succession planning. For example, private limited companies and LLPs offer perpetual succession and ensure that the business can continue operations despite changes in management or ownership. This is important for sustainability and long-term planning.
This content is meant for information only and should not be considered as an advice or legal opinion, or otherwise. AKGVG & Associates does not intend to advertise its services through this.