Difference Between Partnership and Private Limited Company

Mika

VIP Contributor
Partnership is a business owned by more than one individuals. Private Limited Company has multiple shareholders, thus making it multi owner business. So, what set partnership and private limited company apart? Both are popular business models among small and medium-sized enterprises with limited staff and capital. However, they differ significantly. While both partnership and private limited company can start small, a private limited company has the potential to expand and even launch an IPO and become publicly traded. Partnership businesses are registered with the trade and commerce department, whereas companies are registered with the company registrar's office. Partnership business can transition to private limited company.
 
Partnership businesses are relatively easier and less costly to set up compared to private limited companies. On the other hand, private limited companies are separate legal entities distinct from their owners. While both partnership and private limited company can start small, a private limited company offers greater growth potential, limited liability for shareholders, and the ability to raise capital through share issuance. Partnerships, on the other hand, offer simplicity in formation but come with unlimited personal liability for partners.
 
A partnership business is not regarded as a legal entity by the law whereas a private limited company is seen a as a legal entity and can be sued and also sue independent of shareholders who are the owners. A partnership business is not required by the law to publish it's financial statements publicly while a private limited company is under obligation to publish it's financial statement publicly. And lastly, a private limited company has it's owners not to be held responsible for the liabilities of the business while a partnership business has the owners responsible for the liabilities of the business.
 
Partnership and Private Limited Company are two different types of business structures with distinct characteristics. Here are some key differences between Partnership and Private Limited Company:

1. Ownership:
  • Partnership: In a partnership, the business is owned and operated by two or more individuals who share profits, losses, and responsibilities. Partners have equal ownership and management rights.
  • Private Limited Company: A Private Limited Company is a separate legal entity owned by shareholders. The company's ownership is divided into shares, and shareholders have limited liability based on their shareholding.

2. Liability:
  • Partnership: In a partnership, partners have unlimited liability, meaning they are personally responsible for the debts and obligations of the business. This puts partners' personal assets at risk.
  • Private Limited Company: Shareholders of a Private Limited Company have limited liability, which means their personal assets are protected, and they are only liable for the amount unpaid on their shares.

3. Legal Status:
  • Partnership: A partnership is not a separate legal entity from its owners. Partnerships are governed by a partnership agreement and are not required to register with the government.
  • Private Limited Company: A Private Limited Company is a separate legal entity distinct from its owners. It is registered with the government and has its own legal rights and obligations.

4. Management and Decision-Making:
  • Partnership: In a partnership, all partners are involved in the management and decision-making process. Decisions are typically made jointly, and partners share responsibilities.
  • Private Limited Company: A Private Limited Company is managed by directors appointed by the shareholders. Shareholders have voting rights based on their shareholding but are not involved in day-to-day management.

5. Compliance and Regulation:
  • Partnership: Partnerships have fewer regulatory requirements compared to companies. Partnerships are not required to file annual returns or financial statements with the government.
  • Private Limited Company: Private Limited Companies are subject to more stringent regulatory requirements, including filing annual returns, financial statements, and complying with company law regulations.

Overall, the choice between a Partnership and a Private Limited Company depends on factors such as ownership structure, liability, management preferences, and regulatory obligations. It's important to consider these differences and consult with legal and financial advisors before deciding on the most suitable business structure for your needs.
 
Top