Top 10 Difference Between Partnership Firm and Company

For students pursuing business education or Commerce, the terms partnership firms and company will sound very familiar. However, at times, it becomes difficult for students to differentiate between the two terms.

This article aims to help students develop a clear understanding of the differences between a partnership firm and company.

Meaning of Partnership Firm

A partnership firm is a type of business entity that is formed by the association of two or more members who have agreed to share the profits of the business, which is carried on by all partners or one partner acting for all.

According to Indian Partnership Act, 1932, Section 4 defines Partnership as – “An agreement between persons who have agreed to share profits of the business carried on by all or any one of them acting for all.”

The members involved in the partnership are known as partners individually, while they are jointly known as a firm. The agreement on which terms and conditions of a partnership are written is known as Partnership Deed.

Meaning of Company

A company is a legal entity that is an association of a certain number of persons with the common objective of providing goods and services to customers.

According to The Indian Companies Act, 2013 Section 2(20) defines the term “company” to mean “a company incorporated under the Companies Act 2013 or any previous company law.”

A company can be formed by 50 members if it is a private limited, while there is no restriction on the number of members for a public limited company.

In the following table, we present the most fundamental differences between a partnership firm and a company to help students get a clear idea about the two different business entities.

Partnership Firm

Company

                                                                Definition
Partnership Firm is a mutual agreement between two or more persons to run the business and share profit and loss mutually. Company is an association of persons with a common objective of providing goods and services to customers.
                                                            Applicable Act
Indian Partnership Act, 1932 Indian Companies Act, 2013
                                                      Minimum Number of Members Required
2 members for a partnership firm 7 for public limited, 2 for  Private Limited,
                                                      Maximum Number of Persons allowed
100 members Maximum 200 members for a Private Limited, unlimited members for a Public Limited
                                                        Essential Documents Required
Partnership Deed required for the creation of a partnership firm Memorandum of Association and article of association is mandatory for incorporating a company
                                                        Capital Requirement
No such amount required 1 Lakh minimum for a Pvt Ltd and 5 lakh in case of Public Company
                                                              Requirement of Audit
No audit required Mandatory audit is required every year
                                                  Transferability of Shares
Consent required from all partners before transferring Can be transferred
                                                Is it considered a Legal Entity?
Not considered It is considered a legal entity

This article will assist Commerce students in developing a clear idea of the concepts of Partnership Firm and Company. For more such insightful articles stay tuned to BYJU’s.

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