Yes. To be an LLP firm partner, you need the DPIN (Designated Partner Identification Number). It is the same as DIN and can be used interchangeably. If a partner is a director in another company, he would already have a DIN that can be used as a DPIN to become an LLP partner.
A private limited company must have at least two directors and a maximum of 15 directors. More than 15 directors may be appointed after passing a special resolution in the general meeting of shareholders.
Partnership firm | Private Limited Company | |
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Definition | An agreement between two or more persons who join hands to run a business activity and share its outcome among themselves. | An artificial person—having the separate identity, perpetual succession, and common seal—formed and governed by the law. |
Governing act | Indian Partnership Act, 1932 | Companies Act, 2013 |
Registration | Registration is not compulsory, but registered entity is preferred | Registration is compulsory to comply with the Act |
Min. capital | No minimum capital required for formation | A minimum capital of ₹1 lakh required to form a private company |
No. of members | Requires at least 2 partners, but not exceeding 50 | Must have a minimum of 2 members and maximum of 200 |
Separate legal entity | A partnership firm has no separate identity from its partners. | Private Company is a separate entity with an ability to own assets in its name. |
Transfer of ownership | Transfer of ownership depends on the consent of the partner and the clause of partnership deed | Transfer of ownership can happen through shares if shareholders give their consent |
Statutory audit | Statutory audit does not apply but tax audit might be based on turnover | Statutory audit is mandatory and an auditor must be appointed within 30 days of incorporation |
Existence/dissolution | Change in partner causes dissolution or formation of another partnership firm. | Any change in members or directors has no effect on the company’s existence. |
Foreign participation | A foreign national cannot be made a partner in a partnership firm | Investments by foreign nationals are allowed under the Automatic Route |
Partnership firm | Limited Liability Partnership | |
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Definition | An agreement between two or more people who have agreed to collectively run a business and share its profits. | An entity that is separate from its partners, but also has perpetual succession. |
Governing act | Indian Partnership Act, 1932. | Limited Liability Partnership Act, 2008. |
Registration | Optional but preferred. | Compulsory to register with registrar of LLP. |
No. of members | Requires at least 2 partners and a maximum of 50. | A minimum of 2 members and no limit on the maximum no. of partners. |
Liability | Liability of a partner is unlimited. | Liability of a partner is limited to the extent of their contribution to the LLP. |
Existence/dissolution | Any change in the partnership causes dissolution or formation of another partnership firm. | Any change in the partnership does not affect the existence, rights or liabilities of the LLP. |
Foreign participation | A foreign national cannot be a part of a partnership firm in India. | A foreign national can be a partner in an LLP in India. |
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