Karan and Rajdeep two friends decided to start a business of Biryani Chain, it's a start up with some blend of technology for which they aim to collect funding from Venture Capitalists. While Karan is of the opinion to i

CS Executive · Setting up of Business Entities and Closure · PYQS · December 2023
Karan and Rajdeep two friends decided to start a business of Biryani Chain, it's a start up with some blend of technology for which they aim to collect funding from Venture Capitalists. While Karan is of the opinion to incorporate Limited Liability partnership, Rajdeep wants to go ahead with formation of Private Limited Company. As a Professional Consultant, you are required to advise on the basis of merits of both the proposals as which type of organization is most suitable as per the requirement ?

Answer & Explanation:

Private Companies A Private Limited company is legally recognized and generally favoured by investors. Private Limited Company can bring significant benefits to startups. Firstly, it offers limited liability protection, shielding the personal assets of the founders from the company's liabilities and financial risks. This provides a sense of security and encourages entrepreneurs to take calculated business risks including, a Private Limited Company enjoys a separate legal entity status, instilling credibility and trust among investors, partners, and customers. Startups often require external funding, and being a registered company enhances their chances of attracting investors and securing financial support. However, it has stricter compliance and may have a higher cost of incorporation. Limited Liability Partnership Whereas LLP is easier to start and manage and the process has fewer formalities. It has a lesser cost of registration as compared to a Company. LLP have its separate existence other than its partners. LLP can be started with minimum capital. The partners would have limited liability to their agreed contribution in the LLP. A LLP whose turnover does not exceed, in any financial year, forty lakh rupees, or whose contribution does not exceed twenty-five lakh rupees shall not be required to get its accounts audited. However, the main drawback of an LLP is that if a partner wants to transfer his ownership rights, then he has to obtain the consent of all the partners. A limited liability partnership must have at least two members. If one member chooses to leave the partnership, the LLP may have to be dissolved (in case mentioned in the LLP Agreement). It is also important to note that FDI in LLP is allowed only with the prior approval of the Reserve Bank of India (RBI). Perpetual existence of a Private Limited Company ensures the continuity of the startup's operations, even if the founders change or new investors join. This stability is crucial for long-term planning, execution, and sustainable growth, flexibility of raising capital is another advantage for startups, Private Limited Companies can issue shares, bring in investors, and access various funding options like bank loans or venture capital, enables startups to obtain the necessary financial resources for expansion and market penetration. Hence, the registration of a Private Limited Company provides startups with a strong legal framework, access to funding, credibility, and growth opportunities.

Topics: Business Structures

Open in Interactive Practice Hub · Full Practice Hub · Chapter Weightage · More in this subject

Related Questions in this Topic