Asked by a founder in Bengaluru

Private limited, LLP or proprietorship? Which should I register?

Answered by Advocate Sharan Jain··Corporate & Commercial Law

Short answer

If you will raise external investment or issue equity to employees, a private limited company is effectively the only workable choice. An LLP suits professional and service firms with no funding plans. A proprietorship is cheapest but gives no separation between you and the business.

The right answer depends almost entirely on one question: do you intend to raise outside capital or give equity to employees.

ProprietorshipLLPPrivate Limited
Separate legal entityNoYesYes
Personal liabilityUnlimitedLimitedLimited
Can raise equity fundingNoVery difficultYes
ESOPs to employeesNoNoYes
Compliance burdenMinimalModerateHighest
Minimum people12 partners2 members, 2 directors

Private limited company

Registered under the Companies Act, 2013. It is what every venture investor expects, it is the only common structure that supports ESOPs and preference shares, and it gives the cleanest cap table. The cost is real compliance: board meetings, annual filings with the Registrar of Companies, statutory audit regardless of turnover, and director obligations that carry personal consequences.

LLP

Under the Limited Liability Partnership Act, 2008. Limited liability with much lighter compliance and no mandatory audit below the prescribed turnover and contribution thresholds. Excellent for consultancies, agencies and professional firms. Poor for anything that will raise institutional money, because investors will require conversion first.

One Person Company

A private company with a single member and a nominee. It gives limited liability to a solo founder, but it carries most of the compliance of a private limited company and has restrictions, so many solo founders simply incorporate a private limited with a second nominal shareholder.

The practical rule
Raising money or issuing ESOPs, ever: private limited from day one. A services business you will fund from revenue: LLP. Testing an idea with no revenue and no risk exposure: proprietorship, and convert later. Converting an LLP to a company is possible but it is paperwork and time you will resent during a funding round.

Separately from structure, check whether you need GST registration, Shops and Establishments registration, professional tax and any sector licence. Those apply regardless of which form you choose.

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Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at August 6, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

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