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ARTHANA / GUIDE

Choosing a business structure

Compare proprietorships, partnerships, LLPs, OPCs and private companies by ownership, liability and compliance.

Practical comparison: A two-founder consultancy may consider an LLP if a partnership-style arrangement fits; a venture seeking equity investors may consider a private company; a solo local seller may start as a proprietorship. These are examples, not recommendations. Costs, ownership, borrowing, tax and compliance differ. Startup India comparison. Checked 28 October 2026.


Compare your options

Your structure affects ownership, liability, investment, tax treatment and ongoing filings. The right choice depends on your circumstances; a qualified professional can help assess them.

StructureOften considered byKey consideration
Sole proprietorshipOne person starting a small businessThe owner and business are not separate legal persons; the owner generally bears business liabilities personally.
Partnership firmPeople running a business togetherPartners' rights and duties should be documented; partners can have personal liability for firm obligations.
Limited liability partnership (LLP)Partners seeking a separate entity and limited liabilityRequires incorporation and ongoing filings; liability protection has limits and does not excuse personal wrongdoing.
One Person Company (OPC)An eligible solo founder seeking a company structureCompany rules, eligibility, nominee and ongoing compliance requirements apply.
Private limited companyFounders seeking a company with share ownershipSeparate company, shareholder and director obligations; consider compliance and investment needs.

Questions before deciding

  • Who owns and controls the business, and how will decisions and profits be shared?
  • What personal exposure to debts or guarantees are the founders willing to accept?
  • Will you seek outside equity investment or add co-founders?
  • What are the incorporation, accounting and annual filing costs?
  • Does a grant, lender or licence require a particular legal form or ownership pattern?
  • What happens if a founder leaves, the business closes or its ownership changes?

Next steps

Discuss the options with a chartered accountant, company secretary or lawyer. For a company, review MCA SPICe+ instructions; for an LLP, review MCA FiLLiP instructions. Use the current forms and rules. See also Startup India's overview of business types. Reviewed 28 October 2026.

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