“A LLP (Limited Liability Partnership) is a type of partnership which provides the benefits of limited liability but allows its members the…

Provisions of Law: Distinction between Limited Liability Partnership (LLP) and Limited Liability Company (LLC) S. No. Basis Limited Liability Partnership (LLP) Limited Liability Company (LLC) 1. Regulating Act The LLP Act, 2008. The Companies Act, 2013. 2. Members/Partners The persons who contribute to LLP are known as partners of the LLP. The persons who invest the money in the shares are known as members of the company. 3. Internal governance structure The internal governance structure of a LLP is governed by agreement between the partners. The internal governance structure of a company is regulated by statute (i.e., Companies Act, 2013) read with its Memorandum of Association and Articles of Association. 4. Name Name of the LLP to contain the word "Limited Liability partnership" or "LLP" as suffix. Name of the public company to contain the word “limited” and Pvt. Co. to contain the word "Private limited" as suffix. 5. No. of members/ partners Minimum - 2 partners Maximum - No such limit on the partners in the Act. The partners of the LLP can be individuals/or body corporate through the nominees. Private company: Minimum - 2 members Maximum - 200 members Public company: Minimum – 7 members Maximum – No such limit on the members. Members can be organizations, trusts, another business form or individuals. 6. Liability of members/ partners Liability of a partners is limited to the extent of agreed contribution. Liability of a member is limited to the amount unpaid on the shares held by them. 7. Management The business of the LLP managed by the partners including the designated partners authorized in the agreement. The affairs of the company are managed by board of directors elected by the shareholders. 8. Minimum number of directors/designated partners 2 designated partners. Pvt. Co. – 2 directors Public Co. – 3 directors