Distinction between LLP and Partnership Firm:
The points of distinction between a
limited liability partnership and partnership firm are tabulated as follow
|
Basis
|
LLP
|
Partnership firm
|
1.
|
Regulating Act
|
The Limited Liability Partnership Act,
2008.
|
The
Indian Partnership Act, 1932.
|
2.
|
Body
corporate
|
It is a body
corporate.
|
It is not a body
corporate.
|
3.
|
Separate legal entity
|
It is a legal entity separate from its
members.
|
It is a group of persons with no
separate legal entity.
|
4.
|
Creation
|
It is created by a legal process called
registration under the LLP Act, 2008.
|
It is created by an
agreement between the partners.
|
5.
|
Registration
|
Registration is mandatory. LLP can
sue and be sued in its own name.
|
Registration
is voluntary. Only the registered partnership firm can sue the third parties.
|
6.
|
Perpetual succession
|
The
death, insanity, retirement or insolvency of the partner(s) does not auect
its existence of LLP. Members may join or leave but its existence continues
forever.
|
The death,
insanity retirement or insolvency
of the partner(s) may auect its existence. It has
no perpetual succession.
|
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