Legal Entity
Risk Responsibility
Flexibility
Regulatory Compliance
Special Features
Sole Proprietorship
Unlimited liability for all debts.
No separate legal entity.
The owner bears all risks, with no separation of personal and business assets.
High flexibility, and quick decision-making.
Minimal formalities, registration, and license are not mandatory.
Simple to set up, but high personal risk due to unlimited liability.
One Person Company (OPC)
Limited to the owner’s contribution.
Separate legal entity.
Risk is less compared to a sole proprietorship.
High flexibility, easy to manage with less compliance burden.
Statutory audit, annual returns, and MCA compliance are required.
Allows single ownership with limited liability and easier conversion to a Private Limited Company.
Partnership
Unlimited liability, personal assets can be used.
Not a separate legal entity from partners.
Partners share all risks and responsibilities.
Flexible in management and formation.
Regulated by the Partnership Act, 1932.
Simple setup with shared risks and responsibilities, but personal liability remains a concern.
Limited Liability Partnership (LLP)
Limited to the partner’s contribution.
Risks are shared based on ownership percentages.
Flexible management structure.
Annual returns, accounting, and tax compliance under LLP Act 2008.
Combines the benefits of partnership with limited liability protection for partners.
Private Limited Company (PLC)
Limited to shareholders’ contributions.
Separate legal entity distinct from shareholders.
Limited risk to shareholders.
Shares can be transferred, but compliance is more stringent.
Statutory audits, filings with RoC, and MCA compliance are required.
Popular among SMEs, offers perpetual succession and no minimum capital requirement.
Public Limited Company
Limited liability for shareholders.
Risk is limited to shareholders.
Flexibility in management, but stricter compliance.
Governed by the Companies Act 2013, IPO for raising capital.
Allows raising capital from the public, but with higher regulatory and reporting obligations.
Joint Venture (JV)
Varies by agreement and structure.
May or may not be a separate legal entity.
Risk shared as per the JV agreement.
Flexible partnership structure.
Compliance depends on the nature of the JV (corporate laws, sector-specific).
Ideal for combining resources and expertise for specific projects, can be formed as a separate company or a partnership.
Section 8 Company (Non-Profit)
Limited liability for members.
Risk is limited to contributions/guarantees in the MOA.
Flexibility within its non-profit mission.
Compliance with the Companies Act, 2013, and tax exemption conditions.
Focused on charitable or social causes, with income tax exemptions subject to compliance.
Also Read: Notarization and Apostille of NRI Documents for Company Incorporation in India
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Legal Entity
Risk Responsibility
Flexibility
Regulatory Compliance
Special Features
Sole Proprietorship
Unlimited liability for all debts.
No separate legal entity.
The owner bears all risks, with no separation of personal and business assets.
High flexibility, and quick decision-making.
Minimal formalities, registration, and license are not mandatory.
Simple to set up, but high personal risk due to unlimited liability.
One Person Company (OPC)
Limited to the owner’s contribution.
Separate legal entity.
Risk is less compared to a sole proprietorship.
High flexibility, easy to manage with less compliance burden.
Statutory audit, annual returns, and MCA compliance are required.
Allows single ownership with limited liability and easier conversion to a Private Limited Company.
Partnership
Unlimited liability, personal assets can be used.
Not a separate legal entity from partners.
Partners share all risks and responsibilities.
Flexible in management and formation.
Regulated by the Partnership Act, 1932.
Simple setup with shared risks and responsibilities, but personal liability remains a concern.
Limited Liability Partnership (LLP)
Limited to the partner’s contribution.
Separate legal entity.
Risks are shared based on ownership percentages.
Flexible management structure.
Annual returns, accounting, and tax compliance under LLP Act 2008.
Combines the benefits of partnership with limited liability protection for partners.
Private Limited Company (PLC)
Limited to shareholders’ contributions.
Separate legal entity distinct from shareholders.
Limited risk to shareholders.
Shares can be transferred, but compliance is more stringent.
Statutory audits, filings with RoC, and MCA compliance are required.
Popular among SMEs, offers perpetual succession and no minimum capital requirement.
Public Limited Company
Limited liability for shareholders.
Separate legal entity.
Risk is limited to shareholders.
Flexibility in management, but stricter compliance.
Governed by the Companies Act 2013, IPO for raising capital.
Allows raising capital from the public, but with higher regulatory and reporting obligations.
Joint Venture (JV)
Varies by agreement and structure.
May or may not be a separate legal entity.
Risk shared as per the JV agreement.
Flexible partnership structure.
Compliance depends on the nature of the JV (corporate laws, sector-specific).
Ideal for combining resources and expertise for specific projects, can be formed as a separate company or a partnership.
Section 8 Company (Non-Profit)
Limited liability for members.
Separate legal entity.
Risk is limited to contributions/guarantees in the MOA.
Flexibility within its non-profit mission.
Compliance with the Companies Act, 2013, and tax exemption conditions.
Focused on charitable or social causes, with income tax exemptions subject to compliance.
Also Read: Notarization and Apostille of NRI Documents for Company Incorporation in India