What are the various legal entities in India which can be used to carry on any legal business in or outside India?
The legal entities in India which can be used to carry on any legal business in or outside India are regulated by the Companies Act, 2013. These legal entities can be used for various business activities such as setting up a business, entering into a joint venture, raising funds, investing, expanding, and more.
In India, the most commonly used legal entities for any business activities are Private Limited Company, Public Limited Company, Limited Liability Partnership (LLP), One Person Company (OPC), and Section 8 Company. Let’s take a look at each of these legal entities.
Private Limited Company: A Private Limited Company is a privately held company that is owned by its members (shareholders). Its structure is regulated by the Companies Act, 2013 and its operations must be conducted within the framework of the Indian laws. A Private Limited Company requires at least two shareholders and two directors. It is the most popular form of business entity in India as it offers a limited liability to its members.
Public Limited Company: A Public Limited Company is a publicly listed company that is regulated by the Companies Act, 2013. It requires at least seven shareholders and three directors in order to be registered. Public Limited Companies are used by large companies to raise funds and expand their business activities.
Limited Liability Partnership (LLP): A Limited Liability Partnership is a partnership business form that is regulated by the Limited Liability Partnerships Act, 2008. It is similar to a general partnership in many ways, but offers the partners limited liability protection. It requires at least two partners in order to be registered.
One Person Company (OPC): An One Person Company (OPC) is a private limited company which is owned by one member. It is regulated by the Companies Act, 2013 and its operations must be conducted within the framework of the Indian laws. The main advantage of OPCs is that it offers single-person businesses the same legal protection and flexibility that is offered by Private Limited Companies.
Section 8 Company: A Section 8 Company is a non-profit company regulated by the Companies Act, 2013. It must be registered with the Registrar of Companies in order to be a Section 8 Company. A Section 8 Company is used for charitable purposes and its primary objective is to promote art, science, commerce, charity, or any other object of general public utility.
These are the five most common legal entities in India which can be used to carry on any legal business in or outside India. However, other legal entities such as trust, association of persons, societies, etc. can also be used for various business activities in India. It is advisable that you consult a professional legal advisor to understand the different legal entities in India and their implications.