Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.

It's now possible to form an LLP in India. But is it a good option for a startup in India? Is it the right option when one partner may be from outside India?

share|improve this question
Can't speak to India, but in the U.S., if you are ever going to want investors (VC, IPO, anything, really) you pretty much need to be a C-Corp. – Adam Wood Oct 10 '09 at 3:28

5 Answers

Few quick facts about LLP:

  1. LLP cannot be formed in India by a single founder.
  2. You cannot have an LLP that has revenues exceeding 400,000
  3. You cannot convert an LLP to a PVT Ltd company.

I recently spoke with guys at elagaan.com, They are very knowledgable and should be able to help you.Call them up If you are residing in India

share|improve this answer

The definition of an LLP in the United States varies from state to state, but in California only certain types of licensed professionals (e.g. lawyers, accountants) can form LLPs. The closest analog of an India-style LLP in the US is the LLC. That said, Adam is right, but of course if you start with an LLC you can always convert to a C Corporation later if it becomes appropriate.

share|improve this answer

Set up a US LLC, and then set up a corporation in India. When humanly possible, make the LLC a .inc. India can be a strange place to do business, depending on what goes wrong.

share|improve this answer

Not a direct answer to the question, but in the US, if you form a LLC as a single founder, you are treated by the IRS as a sole propietor for taxation purposes, yet get the liability protections an LLC offers. If you are a single person the disadvantages (i.e. double taxation, minutes, etc) of forming a C or S corp outweigh the advantages.

Also, I not base the decision to go corp solely along the lines of "investors won't invest in an LLC". You could always convert to a corp later. You can even form a corp that wholly owns the LLC.

share|improve this answer
Thanks for answer. So you suggest if there is no outside investor then one should go for an LLC and if we have investors then can convert to C Corp. Can we give stock options in an LLC to the employees or to business partners ? – skillguru Dec 21 '09 at 17:23

There is no "stock" or stock options in an LLC. You can allocate LLC membership interests among co-founders, but providing providing membership interests to employees is not the same as offering stock options, and may result in you giving away more control over your business than you had anticipated. However your question seems to be about an India based entity so most of this discussion about US based entities is probably inapropriate to your situation.

share|improve this answer

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.