Proprietary firms: The proprietary firm is the firm in which only one mortal is the owner, who is called as "proprietor". He is the direct mortal of profits & losses. He has the right to take the decisions individually. The following are the pros & cons: Advantages: Proprietary firms are the most easiest & economical form of business to form and operate. The proprietor can be act as Manager and he has right of freedom to take decisions. This is very suitable where the size of business is small and. A proprietary firm does not require submitting more number of documents to the government. Disadvantages: A proprietary firm does not have any legal status. The proprietor might not be capable to invest further, when the business is in downfall or complex stages. These are unlimited liability firms & the proprietor's property will always be at stake, if the liability is more than assets. The proprietor needs to pay higher taxes, as he is the direct person, who is enjoying the profits. Transferring of business is not easy. Partnership firms: The firm, in which the partners are more than 2 and less than 20 with an official written down document called "Partnership deed" or "Partnership agreement" is called as partnershipfirm. It is a contract and relationship between the partners. They will decide the percentage of investment, profit share and will also include the same in the agreement. The advantages and disadvantages are: Advantages: Partnership firms are simple and economical to operate and form. As the numbers of partners are more, the capacity of the business to handle more complex business is better, when compared to proprietary firms. The tax structure is at a flat rate of 35% and the following are the assumptions, while calculating the tax: a) Interest paid to partners on the amount invested in the company. But the rate of interest should not exceed 12% per annum. b) Remuneration paid to the partners in the form of salary, bonus, commission etc. However, the partners should be working partners, i.e., the mortal who is involved in day-to-day activities. Section 44AA of Income tax Act, 1961 states that the remuneration paid is depended and decided on the basis of its "Book Profits". Also, the same differs from a professional firm to a business firm. Nominal government regulations. Disadvantages: The partnership firm does not have any legal status. The retirement or death of a partner leads to dissolution of the partnership firm. Decision making to improve the capacity of business or to raise funds is limited and time taking. Partnership firm is an unlimited liability organization. Incase of losses, all the partners are liable to clear off the debts. Transfer of ownership is not easy.
The aims and objectives of a partnership firm is to provide a service and be successful. All businesses have the same objective and that is to survive.
LCC firm refers to a business company or organization which has the characteristics of a partnership and a corporation. It does not matter whether the partnership is a sole proprietorship or not.
Managing Partner Executive Chairman. Founder & CEO
Difference between Private Limited and Limited firm
No. As a Partnership Firm is not a legal entity it can't hold the shares in its own name. However, the partners may jointly hold the shares on behalf of the Firm or all the partners may give authority to one of them to hold the shares on behalf of the Firm. (Above view is as per Indian Context)
No, a partnership firm has no legal entity. Registering the partnership firm means registering the partnership relation. firm has no separate legal entity.
no, a partnership cannot become a shareholder because shareholders are large but a partnership is only between two persons and they share only between themselves.
Partnership is "The relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all". Hence the persons who form the partnership are called 'partners' individually and a 'Firm' collectively
There is no limit on the minimum capital for starting a Partnership firm. Therefore, a Partnership firm can be started with any amount of minimum capital.
Dissolution of partnership refers to the termination of a partnership agreement between partners, while dissolution of a firm is the process of ending the entire business entity, including its legal existence. Dissolution of partnership may result in the business continuing with remaining partners or winding up, while dissolution of a firm involves liquidating assets and settling debts before formally closing the business.
A minimum of two Persons is required to start a Partnership firm. A maximum number of 20 Partners are allowed in a Partnership firm.
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Partnership is the result of an agreement or act of parties. HUF is created by the operation of law.Each partner in a partnership firm is personally liable for the debts and liabilities of the firm to an unlimited extent. In an HUF, only the Karta or the manager is liable for the debts and liabilities of the firm.The death of a partner automatically dissolves a partnership whereas the death of a member does not affect an HUF.A minor cannot become a partner in a partnership firm whereas in the case of an HUF, a minor becomes entitled to an interest by virtue of his birth.
State Bank of India is one example of a partnership firm in India.
A firm is strictly not a person; It is an association of persons and the agreement by which a firm purports to enter into a partnership with an individual or another firm merely makes the partners of that firm individual partners of the larger partnership. A firm as such cannot enter into an agreement as a partner with another firm or individuals. Therefore, when one partnership enters into a partnership agreement with another partnership firm, the partnership is in fact between all the partners of both the firms. The Supreme Court has observed that a partnership agreement creates and defines the relation of partnership and, therefore, identifies the firm. if that conclusion is correct, it is only a further step to hold that each partnership agreement may constitute a distinct and separate partnership and, therefore, a distinct and separate firm. That is not to say that a firm is a corporate entity or enjoys a juristic personality in that sense. The firm name is only a collective name for the individual partners and each partnership is a distinct relationship. The partners may be different and yet the nature of the business may be the same, the business may be different and yet the partnership may be the same. And agreement between partners to carry on a business and to share its profits may be followed by a separate agreement between the same partners to carry on another business and share the profits therein. The intention may be to constitute two separate partnerships and two distinct firms or to extend merely the partnership originally constituted to carry on one business or to carrying on another business. It will depend on the intention of the partners. The intention of the partners will have to be decided with reference to the terms of the agreement and all the surrounding circum- stances including evidence as to interlacing or interlocking of management, finance or other incidentals of the respective businesses. In other words, the same partners can form two different partnerships. The Supreme Court has held that the word 'person' in section 4 of the Partnership Act contemplates only natural or artificial or legal person and a firm is not a person and as such not entitled to enter into a partnership with another firm or H. U. F. or individual. In this view of the matter there can arise no question of registration of a partnership purporting to be between three parties viz. a firm, a H.U.F. and an individual as a firm.
If the Partnership firms are business entity that are owned, managed and controlled by one person. So Partners cannot be inducted into a Partnership firm.
The mail difference is of liability of share holder. In Limited or Pvt. Ltd. co. the liability of a share holder is limited to the extent of his share and in proprietorship firm the liability is 100% as this is of one man show. - Deepak Srivastava