Difference Between Partnership Firm and a Company
PARTNERSHIP FIRM |
COMPANY |
AS TO LEGISLATION |
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Partnership regulated under Partnership Act 1932 |
Company is regulated under companies Act, 2017. |
AS TO LEGAL ENTITY |
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Partnership has no legal entity. |
Company has separate Legal Entity. |
AS TO CREATION |
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Partnership is created by a Simple Agreement. |
Formalities required for company incorporation must be observed. |
AS TO TRANSFER OF SHARE |
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The Partner cannot transfer shares without the other Partner's consent. |
In Company Shares are easily transferable. |
AS OF MEMBERS |
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In a partnership, a minimum of two partners and a maximum of twenty partners are allowed. |
In a company, there must be at least two members, with the maximum based on shares. |
AS TO LIABILITY |
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Partners have unlimited liability in a partnership firm. |
The Company's liability is limited to the value of its shares. |
AS TO MANAGEMENT |
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In a partnership, each partner can actively participate in managing the business. |
In company Management is carried on by Directors. |
AS TO AUDIT |
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Audit is not compulsory by law under Partnership Firm. |
Audit is Compulsory by law under the Company. |
DISTRIBUTION OF PROFIT |
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Profit is distributed among the partners according to the ratio defined in the partnership deed. |
Profit is distributed to Directors based on their shareholding in the Company. |
AS TO CONTRACT |
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A Partner cannot make Contract with his Firm. |
Shareholder can make an Agreement with the Company. |
AS TO OWNERSHIP |
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In Partnership Property belongs to Partners. |
Property belongs to the Company. |
AS TO SUCCESSION |
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In case of share transfer or inheritance, the partnership is seriously affected. |
Shares of the Companies can be easily transferred to the heirs of members/shareholders. |
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