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Business Structure For Startup

Choose Right Business Type

While starting your business, the most important decision is to decide the appropriate business structure, such as Private Limited, LLP, OPC etc., for your startup. We have compared several popular businesses for ease of understanding. Please hit chat with us in case you need help

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Business Structure Comparison Chart

  • Features
  • Private Limited Company
  • OPC
  • LLP
  • Partnership
  • Proprietorship
  • Popularity
  • Private Limited Company Registration 5 Star Rating
  • OPC Registration 5 Star Rating
  • LLP Registration 5 Star Rating
  • Partnership Registration 5 Star Rating
  • Proprietorship Registration 5 Star Rating
  • Applicable Law
  • Companies Act, 2013
  • Companies Act, 2013
  • LLP Act, 2008
  • Partnership Act 1932
  • No Law
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    Number of members
    • A Company can be opened with at least two people. However, the maximum number cannot be more than 200
    • In the case of OPC, Only one person can be a shareholder. He would be required to appoint a nominee.
    • With two partners an LLP can be incorporated, there is no limit on the maximum number of partners
    • A Partnership firm can start with a minimum of two partners, the, however, the maximum number is capped at 20
    • Only one person is required for proprietorship, also known as proprietor.
  • 2 - 200
  • 1
  • 2 - Unlimited
  • 2 - 20
  • 1
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    Number of Directors /DP
    • A company can be opened with at least two and a maximum of 15 directors. The same person can be a shareholder as well as director
    • At least one person must be appointed as director of the company. The shareholder and director may be the same person
    • The minimum two designated partners is required in an LLP & there is no limit to the maximum number.
    • There is no separation of ownership and management in case of a partnership. All partners are equally responsible for the conduct of business.
    • In case of a proprietorship, the proprietor is solely responsible for the conduct of business.
  • 2 - 15
  • 1-15
  • 2 - Unlimited
  • Not Applicable
  • Not Applicable
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    Formation
    • By filing an application to ROC in the prescribed form SPIC Plus. The Certificate of Incorporation is issued as conclusive proof of legal establishment
    • OPC is registered by a single owner by way of applying in Form SPIC Plus to the ROC. The Certificate of Incorporation is issued as conclusive proof of legal establishment
    • The LLP is set up by filing a Fillip Form to the ROC. However, after the issue of the incorporation certificate, a separate agreement is executed by the partners of the LLP.
    • A partnership firm is a setup by way of execution of an agreement by and between the partners. The registration of the firm is optional.
    • For starting a proprietorship, there is no prior registration required.
  • Through ROC
  • Through ROC
  • Through ROC
  • Agreement
  • Easy
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    Tax Benefits
    • The income tax rate for companies engaged in manufacturing activities is only 15%, while for all other newly set up companies it is 22%
    • The income tax rate for companies engaged in manufacturing activities is only 15%, while for all other newly set up companies it is 22%
    • LLP Income Tax Rate is 30% on its profits
    • Partnership firms are taxed at 30% on its profits
    • For a small business with low turnover, there is the benefit of individual tax slabs
  • Effective
  • Effective
  • Low
  • Low
  • Good
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    Statutory Compliance
    • The company is required to file an annual return, balance sheet to ROC and ITR around the month of September
    • OPC is required to file an annual return, balance sheet to ROC and ITR around the month of Septembery
    • LLP have to file an annual return in form 11 and financial statement in Form 8 and ITR
    • Only ITR is to be filed
    • ITR is required to be filed if the taxable income is more than 2.5 Lac
  • High
  • High
  • Low
  • Low
  • Minimum
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    Foreign Investment (FDI)
    • Foreign Direct Investment in case of a Private Limited Company is available under the automatic route.
    • FDI is not allowed in One Person Company
    • FDI in LLP Is permitted at par with the companies
    • FDI is not allowed in Partnership Firm
    • FDI is not allowed in proprietorship Business.
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    Separate Legal Entity
    • A Company is a separate legal entity separate from its promoters
    • An OPC is a separate legal entity separate from its promoters
    • An LLP is a separate legal entity separate from its promoters
    • A Partnership is a legal entity but not different from partners
    • The proprietor and the proprietorship business is the same thing
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    Limited Liability
    • Shareholders of a Company are bound to pay only up to the capital they have subscribed to the company.
    • In OPC, unlike a proprietorship, the shareholder cannot be asked to pay beyond his subscribed capital
    • The partners of an LLP can be called upon to pay only up to the amount of capital they subscribed to.
    • There is no protection of limited liability, even the personal properties of partners are at risk for losses of business
    • The proprietor is the whole sole of the business, and his liability to the debts or losses of proprietorship is unlimited.
  • +
    Ownership Transferability
    • The shareholding of a Pvt Ltd Company is easily transferable
    • OPC Shares can be transferred to new shareholder along with the nominee
    • In LLP contribution/share of a partner can be transferred with the consent of all other partners.
    • Not Possible, every admission or removal of a partner amounts to the new firm.
    • Not Applicable
  • +
    Perpetual Existence
    • A Company exists beyond the life of its owners /shareholders. After the death, the shares transmits to legal heirs
    • OPC Continues to exist even after the death of its only shareholder, as it passes to the nominee.
    • The LLP also have perpetual existence and exists beyond the life of the designated partner
    • No perpetual existence, with the death of a partner, the partnership ends.
    • No perpetual existence, with the death of the proprietor, it ends.

Business Structure Based on the Business Activity

The proposed business activity of the business plays a vital role in deciding the appropriate form of the business structure while starting a business. One form of business structure may not be suitable for every business. For example, social activities and the profit-making company have two entirely different objectives. We have analysed, and in the below table, the most appropriate business structure for specific business activity is provided below.

Profit Motive Business Financial Service Organisation Non Profit Organisation
  1. Company
  2. LLP
  3. Partnership Firm
  4. Proprietorship Firm
  5. HUF
  1. Bank
  2. NBFC
  3. Asset Reconstruction Company
  4. Micro Finance Institutions
  5. Nidhi Company
  6. Payment Banks
  1. Section 8 Company
  2. Society
  3. Trust

FDI in Indian Business

Generally, FDI is permitted in India; there are two routes through which foreign direct investment can come to India. Most of the sectors are open for 100% FDI under automatic route. We have categorised the business structure suitability in the below table.

Automatic Route: One is known as an automatic route where there is no need to obtain prior permission before setting up a company or subscribing to the shares in an existing company. However, post inward remittance of the FDI, a reporting in FC-GPR is to be filed to RBI through the AD Bank.

Approval Route: Few strategic sectors and the FDI originating from a country that shares land boundaries with India, such as China, Pakistan, Afghanistan, Afghanistan etc., are considered under the Approval Route. In the approval route, the FDI proposals are approved on a case to case basis by the concerned ministry.

100% Indian Ownership 100% FDI NRI or OCI
  1. Company
  2. OPC
  3. LLP
  4. Partnership
  5. Proprietorship
  6. Section 8 Company
  1. Company
  2. LLP
  1. Company
  2. LLP
  3. Partnership*
  4. Proprietorship*

FDI in Proprietorship and Partnership is allowed only on Non-Repatriation Basis/

Risk & Liability of a Business Structure

We advise considering the risk or possible liability of a business and then deciding your company's business structure. One can see that a small retail shop has almost nil risk or liability in comparison to a business that is in foreign trade or dealing in hazardous chemicals. From the perspective of Risk and Liability, the business structure may be divided into two categories. The first category is where the owner's liability is limited to the capital that he has promised to pay into the business, and another where the owners have unlimited liability.

Concept of Limited Liability: The business structure where the business and its owners are considered separate legal entities, there is general protection to the owners from the losses or liabilities of the business they own. They are responsible for paying only their share of the capital in the business as promised earlier (for example, by subscription to the MOA). Here in the below table, we have categorised business based on liability.

Unlimited Liability to Owners Limited Liability to Owners
  1. Proprietorship
  2. Partnership
  3. HUF
  1. Company
  2. OPC
  3. LLP

Control and Management in Specific Business Type

The business structure, such as the proprietorship, has no separation of ownership and management; the same is the case with the partnership firms. The control in the management of the partnership firm rests with all the partners collectively. However, in modern business like a company or LLP, there is a separation of ownership and management

No Business Type Ownership Management Control
1 Proprietorship A single Individual known as the proprietor owns the proprietorship business. The proprietor alone invests all the capital and is entitled to the whole of the profits. The proprietor controls the business, and there is no separation between the ownership and the management.
2 Partnership In partnership, the partners collectively own the firm in their capital sharing ratio. All the partners control the firm in terms of the partnership deed.
3 LLP In LLP, the ownership is with the partners of the LLP in the ratio as defined in the contribution clause of the LLP Agreement. The management control of the LLP is with the designated partners of the LLP.
4 OPC In OPC a single person, known as shareholder, is the owner of the OPC The management control of the OPC is with the directors appointed by the shareholder of the OPC.
5 Private Limited The equity shareholders own a private limited company in the ratio in which they hold the company's equity shares. The board of directors of the company exercise effective control of the management of the company.

Formation Cost of Various Business Structures

The cost of setting up a startup depends on two factors, the professional fee and the government fee, stamp duty and taxes. Several factors affect the determination of government fee, such as the initial capital, location of the registered office address, and promoters. On specific pages of the startup type, we have dealt in detail about the overall cost of setting up a company, LLP, Partnership Firm or the proprietorship. We are just a click away, and you, please contact us to know the setup cost of your startup on a case to case basis.

Cost of Compliance of Several Business Structures

The cost of compliance varies from one business form to another. The regular cost of compliance like accounting, GST, TDS, Advance Payment of Tax, Payroll Processing, etc., is almost the same in every business type. However, there are differences in cost because of annual filing. Here is the applicability of annual filing for different business structures.

S.No. Business Type ITR Annual Return Audit
1 Proprietorship Yes
2 Partnership Yes
3 LLP Yes Yes Yes
4 OPC Yes Yes Yes
5 Private Limited Yes Yes Yes

Taxation of Various Business Forms

The Income Tax is levied differently on different forms of business, though we advise you to obtain a proper consultation and refer to the updated law prevailing at the point in time; here is a brief discussion on the taxability of the income of the most common business structure in India.

No Business Type Income Tax rate
1 Proprietorship The proprietorship is not considered as a separate entity in law, and the income of the proprietorship firm is added in the ITR of the proprietor itself. In other words, no separate ITR is filed for the proprietorship firm. The Individual slab based taxation of 5% to 30% based on the income is applicable. The deduction under section 80C to U is also available on the income of such proprietor. For the FY 2021-22, the Individual tax rate slab is as under.
Under New Income Tax Regime U/s 115 BAC
No Total Income Tax Rate
1. Upto Rs. 2,50,000 NIL
2. Rs. 2,50,000 To Rs. 5,00,000 5%
3. Rs. 500001 to Rs. 7,50,000 10%
4. Rs. 7,50,001 to Rs. 10,00,000 15%
5. Rs. 10,00,001 to Rs. 12,50,000 20%
6. Rs. 12,50,001 to Rs. 15,00,000 25%
7 Above Rs. 15,00,001 30%
Under the old Income Tax Regime
No Total Income Tax Rate
1. Upto Rs. 2,50,000 Nil
2. Rs. 2,50,001 to Rs. 5,00,000 5%
3. Rs. 5,00,000 to Rs. 10,00,000 20%
4. Above Rs. 10,00,001 30%
2 Partnership & LLP Under the Income Tax Act, all the provisions applicable to the partnership firm apply to the LLP. The Income Tax Rate for the partnership firm and the LLP is 30% flat on the total income.
3 Company The income tax for companies ranges from 15% to 30%, depending on the case. There are two categories of companies as mentioned below.

A. Newly Incorporated Company: A company incorporated on or after 1st October 2019, and that does not claim any other concession, deduction, exemption under the income tax act, the tax rate is as under
Particulars Manufacturing Company Other Company
Tax Rate 15% 22%
Surcharge 10% on tax 10% on tax
Cess 4% on tax & cess 4% on tax & Cess
Effective Rate 17.16% 25.168%
B. For other companies the income tax rate is 25% in case the turnover is less than 400 Crores and 30% in all cases where the turnover is more than 400 Crores. The Surcharge and education cess at applicable rate is charged in addition to the basic income tax rate.

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Pravesh Verma Pravesh Verma , Nov 15, 2019
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Overall it is good Experience. Representatives are very active. They will walk you through each and every process. They will help you with the...See at Google

Syed Naseruddin Syed Naseruddin , Dec 06, 2019
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Great service with understanding of budget and requirement of customer. A trustful firm for people who has basic knowledge of legal rules. ... See at Google

Punya Gautam Punya Gautam , Dec 05, 2019
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I highly appreciate the managers and co-workers as they are highly committed to their work. All the reports, forms and correspondence are... See at Google

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Amlan Dutta Amlan Dutta, Nov 10, 2019
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We got our documentation done by SetindiaBiz and we are really happy to have found the right consultancy. Really helpful, patient and ... See at Google

Kingsmen Security Kingsmen Security , Nov 26, 2019
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Perfection and quality makes SETINDIABIZ differ from other companies. Promptness is an additional quality of them. Hats-off guys. Good job...See at Google

Sunil Ob Sunil Ob , Oct 19, 2019
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I'm happy with the phone and the deal i got from the company. Speaking with the service team helped me get exactly what i was looking for... See at Google

Manga Lucas Manga Lucas , Nov 17, 2019
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Dedicated, supportive and understanding team. What else we need to get the jobs done? Thanks to Set India Biz for helping me. .......See at Google

Ashok Satapathy Ashok Satapathy , Nov 17, 2019
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Have a great pleasure, and experience with team 'SETINDIABIZ' knowledgeable and supporting staff. As per our requirement, They committed and...See at Google

Abdul Constructions Abdul Constructions , Dec 15, 2019
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It's amazing. It was easy to understand and work was completed smoothly. Liked there work and recommend everyone to give them a chance. The best...See at Google

Rahul RajRahul Raj , Nov 12, 2019
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Very Nice and great company, all the executives are so polite and professional, they know their work very well and they are master in them. ......See at Google

Rahul GoyalRahul Goyal , 19 Oct, 2019
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Reliable with service satisfaction, employees are very helping & cooperative. Am grateful & thank you to the entire team of SetIndiabiz was......See at Google

Mohamed Salman Shariff Mohamed Salman Shariff , 19 Nov, 2019
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I have had a very good experience with them in incorporating my LLP. Sana Parveen from Delhi office has been very helpful and very much approachable.......See at Google

Abhishek BalchuguriAbhishek Balchuguri , 19 Nov, 2019
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The complete team is amazing, a very co-operative and helpful. They will answer all your questions calmly even if you ask same thing million of times. ...See at Google

Aakanksha Shirbhate Aakanksha Shirbhate , 19 Nov, 2019
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I should write here .. I'm really impressed about Ms. PUJA.. You're an asset to your company Setindiabiz... I'm writing most about the person...See at Google

Manjunath S Manjunath S , 19 Nov, 2019
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Good company for dealing with startups especially for documentation and registration. On the time action and positive results. ........See at Google

ANIL YADAV ANIL YADAV , 19 Sep, 2019
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Great people, culture, All of the team, including the managers are approachable, helpful, caring and hard working.....keep up the good work....!! ...See at Google

Mdz Mdz , 19 Nov, 2019
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I would like to mention that Set India Biz is one of the best professional company I have worked with. All team members are customer focused...See at Google

Pravesh Verma Pravesh Verma , 19 Nov, 2019
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Rhanks To Sana For Being An Best Supportive Cordinator All The Time. On Start Had face a Lot of Issues because of mumbai Office but then Got in...See at Google

Divya Kholakiya Divya Kholakiya , 19 Nov, 2019
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Excellent service. Mainly, its the timely update needed which is supplied on regular intervals. Ms. Khushboo & Ms. Swati were very cooperative...See at Google

Radhakrishnan Velayudhan Radhakrishnan Velayudhan , 19 Nov, 2019
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The support given to me by corporate lawyer Mr. Kishore is really commendable. He was very cooperative in her approach towards our requirement and...See at Google

Mukund Tripathi Mukund Tripathi , 30 Sep, 2019
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I had a good experience with SetIndiaBiz for TM registration. Mr. Shubham who was dealing my case was very professional and clear about what is ...See at Google

Sri Nithya Saswathananda Sri Nithya Saswathananda , 20 Sep, 2019
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REALLY FAST AND PROMPT SERVICE.VERY GOOD EXPERIENCE OF SETTING UP ALL THE REQUIREMENTS WITHOUT ANY HINDERANCE. .THANKS TO THE TEAM ESPECIALLY MR. ...See at Google

SANDEEP KUMAR SANDEEP KUMAR , 20 Sep, 2019
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I hardly trust people in business society. However, the people in this company are exception. You can trust them blindly. They are unbelievably ...See at Google

Amit Kumarw Amit Kumar , 20 Sep, 2019

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