What Is an LLP (Limited Liability Partnership) and How Does It Work?

Aug 14, 2025
Private Limited Company vs. Limited Liability Partnerships

In today’s dynamic business landscape, the Limited Liability Partnership (LLP) has emerged as a compelling choice for entrepreneurs, startups, and professional service providers. Offering the legal strengths of a company alongside the flexible governance of a partnership, LLPs are gaining remarkable popularity across India.

  • In the financial year 2023-24 alone, the number of LLP registrations soared by a striking 39%, reaching 58,990—a clear reflection of growing confidence in this structure.
  • The upward momentum continued into 2025, with May witnessing a 37% year-on-year jump in new LLP incorporations—outpacing the 29% growth seen in company registrations

These figures underscore a powerful trend: LLPs are fast becoming the go-to vehicle for professionals and small businesses seeking liability protection, compliance ease, and operational flexibility.

Table of Contents

What is LLP?

An LLP or Limited Liability Partnership is a business structure where business partners share limited liability, meaning their personal assets are protected in case the business incurs debts or liabilities.

LLPs are commonly used by professionals like lawyers, accountants, and consultants but are increasingly popular among small and medium-sized enterprises (SMEs).

An LLP is an ideal structure for businesses seeking operational flexibility, protection for partners' personal assets, and minimal compliance requirements. It is particularly attractive for professionals and small enterprises looking for a formal and efficient business framework.

This business structure also allows businesses to make use of the benefits of economies of scale, since LLPs can pool resources, expertise, and capital from multiple partners. By sharing operational responsibilities and costs, LLPs can reduce per-unit expenses, streamline processes, and negotiate better terms with suppliers.

This collaborative approach enables businesses to grow efficiently, expand their market presence, and achieve cost advantages typically associated with larger organizations.

How an LLP (Limited Liability Partnership) Works?

1. Hybrid Business Structure

A Limited Liability Partnership (LLP) is a flexible business structure that operates with a mix of partnership and corporate elements.

2. Limited Liability Advantage

The main advantage of an LLP is that it provides limited liability to its partners. This means that, unlike a general partnership, your personal assets (such as your home or car) are typically protected in case of legal action.

3. Lawsuit and Liability Rules

In an LLP, if the business faces a lawsuit, the partnership itself becomes the primary target, not the personal property of the individual partners. However, if a partner personally engages in wrongdoing (e.g., fraud), they could still be held liable for their actions.

4. Example: Meena and Shalini’s Case

  • Starting Out: Consider a scenario where two professionals, Meena and Shalini, decide to start a business offering consulting services in India. They have a shared interest in providing management consulting to small and medium enterprises (SMEs). Initially, they start with a mutual agreement and an informal arrangement.
  • Formalizing the Structure: However, as the business grows, they realize the need to formalize the structure to protect themselves from legal and financial risks. Meena and Shalini choose to form an LLP (Limited Liability Partnership) to safeguard their personal assets from any potential legal liabilities that may arise in the course of business. They register the LLP with the Ministry of Corporate Affairs (MCA) in India, creating an LLP agreement that outlines their responsibilities, profit-sharing ratios, and other operational details.
  • Facing a Legal Dispute: A few months later, the consulting firm faces a legal dispute due to an issue with one of their clients. The client sues the LLP for professional negligence, claiming that the advice given led to a loss in business.
  • Outcome of the Lawsuit: Since Meena and Shalini have formed an LLP, their personal assets—such as their homes, personal savings, or vehicles—are protected. The lawsuit can only target the assets of the LLP itself, not their personal belongings. However, if it is proven that either Meena or Shalini acted negligently or fraudulently in a personal capacity, that partner could still be held accountable for their individual actions.

LP (Limited Partnership) vs General Partnership

An LP (Limited Partnership) and a General Partnership are both business structures involving two or more partners, but they differ in terms of liability and management roles.

Limited Partnership (LP)

  • In an LP, there are two types of partners: general partners and limited partners.
  • General partners have full control over the management of the business and bear unlimited liability, meaning they are personally responsible for the business's debts and obligations.
  • Limited partners, on the other hand, contribute capital but do not participate in day-to-day management. Their liability is limited to the amount they invest in the business, protecting their personal assets beyond that contribution.

General Partnership

  • In a General Partnership, all partners share equal responsibility for managing the business and have unlimited liability.
  • This means they are personally liable for the debts and obligations of the business.
  • There is no distinction between the roles of partners—each partner participates in both the management and the liabilities of the business.

Key Difference

The key difference between the two is the level of liability protection and management involvement.

  • An LP offers limited liability to some partners (limited partners).
  • A General Partnership places full responsibility on all partners, making it a riskier option for individuals seeking protection from personal liability.

Related Read: What is the Difference Between LLP and Partnership?

LLP vs LLC

Ownership and structure

LLP refers to Limited Liability Partnership, where two or more partners collaborate to run the business. The partners can be individuals or corporate entities, and the number of partners can vary.

In an LLP, all partners share the management responsibilities and decision-making processes, unless the partnership agreement specifies otherwise. Partners have limited liability, meaning their personal assets are protected from business debts or legal claims.

LLC refers to a Limited Liability Company, which is a separate legal entity that can have one or more owners, known as members. The ownership can be divided among individual or corporate members, and the structure is more flexible than a corporation.

LLCs can be managed either by members (member-managed) or by designated managers (manager-managed). The members are not personally liable for the company’s debts or liabilities, providing them with protection similar to that of an LLP.

Liability protection

Partners in an LLP enjoy limited liability, meaning they are not personally liable for the debts or obligations of the business beyond their contribution to the partnership. However, if a partner engages in fraudulent or wrongful activities, they could still be personally liable for their actions.

LLC members also have limited liability, meaning they are generally not personally responsible for the company’s debts or liabilities. The LLC itself is a separate legal entity, so any financial obligations fall on the company, not the individual members. Similar to an LLP, members are protected unless they personally guarantee a debt or engage in illegal activities.

Decision making and management

In an LLP, all partners typically have a say in the management and operation of the business, unless otherwise specified in the LLP agreement. It is a more flexible structure in terms of decision-making since there is no requirement for a formal management team.

LLCs can be either member-managed or manager-managed. In a member-managed LLC, all members participate in managing the business, while in a manager-managed LLC, the members appoint managers to run the operations. This offers more structure compared to an LLP, especially for larger businesses.

Ownership transfer

Ownership in an LLP is typically not as easily transferable as in an LLC. Partners usually need to approve the admission of new partners or the transfer of ownership. This limits the liquidity and transferability of ownership interests.

Ownership in an LLC can be transferred more easily than in an LLP, depending on the terms of the operating agreement. LLCs can issue membership interests that can be bought or sold, making it easier to bring in new investors or transfer ownership.

LLP vs LP

An LP refers to a Limited Partnership, which is different from an LLP.

An LLP (Limited Liability Partnership) and an LP (Limited Partnership) are both business structures that involve multiple partners but differ in terms of liability and management.

In an LLP, all partners share equal responsibility for managing the business and enjoy limited liability, meaning their personal assets are protected from business debts. However, all partners are involved in decision-making unless specified otherwise in the agreement.

In contrast, an LPconsists of general partners and limited partners. General partners manage the business and have unlimited liability, while limited partners are only liable up to the amount of their investment and do not participate in the day-to-day operations.

The key difference lies in the roles and liabilities of the partners. In an LLP, all partners have equal liability protection and management control, whereas, in an LP, the general partners hold the management responsibility and are personally liable, while limited partners have liability protection but no management involvement.

The choice between the two structures depends on the desired level of involvement in business operations and the type of liability protection needed.

What are the advantages of LLP?

Wondering why you should choose LLP over other business registrations? Have a look:

  • Easy & quick to build: Building an LLP is a simple process. It does not have complicated steps and requirements and neither does it take months of waiting time. The minimum amount of fees for incorporating an LLP is INR 500 and the maximum that can be spent is INR 5,600
  • Continuity in succession: The life of the LLP is not affected by the death or retirement of any of the partners. If one of the partners withdraws because of any reasons, it does not mean that the LLP gets wound up. An LLP can only be shut down on the basis of the provisions of the Limited Liability Protection Act  of 2008
  • Limited liability: All the partners of the LLP have limited liability, which means that the partners are not liable to pay the debts of the company from their personal assets. No partner is responsible for any other partner’s misbehaviour or misconduct
  • Streamlines management: All the major decisions and management activities in an LLP are taken care of by the board of directors hence the shareholders receive very less power in making decisions
  • Hassle-free transfers: There are no restrictions on joining and leaving an LLP. One can easily admit as a partner and transfer the ownership to others
  • Taxation benefits: An LLP is exempt from various taxes such as dividend distribution tax and minimum alternative tax. Also, the rate of tax is less when compared to other business types
  • No compulsory audit requirements: There is no mandatory audit requirement for an LLP until the company exceeds the annual turnover of INR 40 lakhs

What are the disadvantages of LLP?

  • Not covered in all States: In India, there are certain variations in tax benefits from State to State. There are also cases when States restrict the formation of LLP. This is one of the major disadvantages of an LLP
  • Less credibility: An LLP has many benefits but the fact is that people do not consider LLPs to be a credible business. People still trust companies or partnerships over LLPs
  • Differences amongst partners: Since each partner is responsible for their own part, there are cases when partners do not consult each other before proceeding with a decision or agreement
  • Transfer of interest: Though interest and ownership can be transferred, it usually is a long procedure. Various formalities are required to comply with the provisions of the Limited Liability Partnership Act

Related Read: LLP Advantages and Disadvantages

Documentation requirements for registering an LLP (2025)

Before you start with the procedure of registering an LLP or make changes in an existing LLP, have a look at the list of documents you might need:

  • Form 7 is required to obtain a Designated Partner Identification Number (DIN) while registering your LLP. It may be sought from the MCA website. Along with the duly completed form, a registration fee of INR 100 must also be paid
  • Form 1/ RUN-LLP is required to register a name for the LLP and reserve it. It may be used to christen an LLP or to alter the present name. The fee for submitting this form is Rs 10,000
  • A request must also be filed by the partners for their DSC to be registered if it hasn’t already been done before
  • Form 2/FiLLiP is required for incorporating a registered LLP. This form must be sent to and acknowledged by the concerned State’s Registrar
  • An LLP agreement must be made, which outlines the duties of each partner involved. This requires the filling and submitting of Form 3
  • In the case of changing, altering, adding or removing partners, the partners must submit Form 4
  • Form 11 must be used to file the IT returns of the LLP
  • If the office address of the LLP is to be changed, then Form 15 must be filed

How to form a Limited Liability Proprietorship

As mentioned earlier, forming an LLP is easy and quick. Before you get started, obtain a DSC or Digital Signature Certificate as the following steps will require it. File for one if you don’t already have one. Further, here are the steps involved in forming an LLP. You can visit mca.gov.in and follow the steps listed below:

  1. Issue a Designated Partner Identification Number for yourself, which serves as an ID card
  2. File Form 7 and pay the required fees
  3. Register a name for your LLP using Form 1 and pay Rs 200
  4. Incorporate the LLP via Form 2. The LLP agreement must also be made at this stage
  5. File the LLP Agreement as per Section 2(o) of the LLP Act, 2008 using Form 3

With the above-mentioned steps, you are all set to start an LLP of your own.

Frequently Asked Questions

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  • Firms sharing resources with limited liability 

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  • Firms sharing resources with limited liability 

Frequently Asked Questions

What should an LLP agreement include?

Typical clauses cover the registered office, business nature, rights and duties of partners, contributions and profit-sharing, voting rights, process for adding or removing partners, transfers, and dispute resolution mechanisms.

Who can become a partner, and what are the rules around it?

  • A minimum of two partners is required. If the number drops below two for over six months, the remaining partner can be held personally liable.
  • Partners can be individuals or corporations. Foreign partners must adhere to FDI norms and make contributions through approved banking channels at fair market value.
  • What are the compliance obligations for LLPs?

    Every LLP must file:

    • Form 8 (Statement of Account & Solvency), and
    • Form 11 (Annual Return)
      within 60 days from the end of the financial year (by May 30th for FY ending March 31).

    How is an LLP taxed?

    LLPs are taxed at a flat rate of 30% (plus surcharge and cess). They are exempt from dividend distribution tax, and partners are taxed individually when profits are distributed.

    Can existing businesses convert to an LLP?

    Yes, existing structures like private companies or partnership firms can convert to an LLP by following specific processes laid out in the LLP Act.

    Swagatika Mohapatra

    Swagatika Mohapatra is a storyteller & content strategist. She currently leads content and community at Razorpay Rize, a founder-first initiative that supports early-stage & growth-stage startups in India across tech, D2C, and global export categories.

    Over the last 4+ years, she’s built a stronghold in content strategy, UX writing, and startup storytelling. At Rize, she’s the mind behind everything from founder playbooks and company registration explainers to deep-dive blogs on brand-building, metrics, and product-market fit.

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    Pharma Company Registration: How to Open a Pharma Company in India?

    Pharma Company Registration: How to Open a Pharma Company in India?

    India is the world’s third-largest pharmaceutical market by volume and a key player in the global healthcare ecosystem. With its robust manufacturing base, cost efficiency, and innovation-driven approach, India has earned the reputation of being the “pharmacy of the world.” 

    Both Indian pharmaceutical giants and foreign companies entering the market are shaping this growth trajectory, making the sector one of the most lucrative industries to invest in.

    If you are an entrepreneur or investor looking to establish a pharmaceutical company in India, understanding the regulatory requirements and registration process is essential. 

    This article provides a step-by-step guide on everything you need to know to register a pharma company in India, ensuring compliance while tapping into this high-growth industry.

    Table of Contents

    About the Pharma Company in India

    A pharmaceutical company is an entity involved in the development, manufacturing, distribution, and marketing of medicines and healthcare products. Depending on the business model, pharma companies in India are typically classified as:

    • Manufacturing companies: involved in the production of drugs and medicines.
    • Marketing companies: focus on branding and distribution, often outsourcing manufacturing.
    • Wholesale businesses: supply medicines in bulk to retailers, hospitals, and distributors.
    • Retail businesses: run pharmacies and directly sell medicines to consumers.

    India’s pharmaceutical industry has been expanding rapidly. As of 2025, it is valued at $55 billion and is projected to reach $120–130 billion by 2030. The government has also introduced several supportive measures:

    • 100% Foreign Direct Investment (FDI) allowed in greenfield pharma projects.
    • ₹15,000 crore PLI (Production Linked Incentive) scheme to promote domestic manufacturing.
    • Incentives for Active Pharmaceutical Ingredients (APIs) and medical devices to reduce import dependency.

    With this growth potential, starting a pharmaceutical business in India is both a profitable and impactful opportunity.

    Choosing the Right Business Structure for a Pharma Company

    The first step in starting a pharmaceutical business in India is selecting the proper business structure. The choice depends on the scale of operations, funding requirements, and ownership preferences. Common structures include:

    • Limited Liability Partnership (LLP): Offers flexibility with limited liability.
      Private Limited Company (Pvt Ltd): Ideal for manufacturing and marketing businesses due to scalability and investor appeal.
    • Public Limited Company: Suitable for large-scale operations planning to raise funds from the public.
    • Indian Subsidiary of a Foreign Company: Allows foreign companies to establish a presence in India and leverage the growing market.

    India ranks 3rd in the world by volume and 14th by value in pharmaceuticals, making it a preferred hub for domestic and international players. Choosing the right structure ensures smooth registration and compliance.

    Eligibility for Registering a Pharma Company

    Eligibility criteria are designed to maintain quality and compliance in the pharma sector. Key rules include:

    • The applicant must be legally competent to enter into a contract.
    • The company must appoint qualified directors and pharmacists, depending on the business type.
    • Proper compliance with the Drugs and Cosmetics Act of 1940 is mandatory.
    • Only individuals or entities with relevant pharmaceutical qualifications/experience can run such businesses.

    Requirements for Registering a Pharma Company

    Corporate & Structural Requirements

    These are the standard legal requirements for forming a company under the Ministry of Corporate Affairs (MCA).

    • Directors and Members: The structure depends on your company type. For a Private Limited Company, a minimum of two directors and two members (shareholders) are required. The same individuals can hold both positions.
    • Director Credentials: Every proposed director must have a Digital Signature Certificate (DSC) for online document submission and a Director Identification Number (DIN), a unique identifier issued by the MCA.
    • Unique Company Name: Your proposed company name must be unique and not resemble any existing company or trademark. It must be approved and reserved through the MCA portal.
    • Registered Office Address: You must provide a physical address in India as the company's official registered office. Proof of address, such as a utility bill or rental agreement, is mandatory for verification.

    Pharmaceutical & Technical Requirements

    These are specific mandates from the Drugs and Cosmetics Act, 1940, enforced by state drug control departments, which are essential for obtaining a drug license.

    Qualified Technical Personnel: 

    You must employ qualified individuals to supervise the sale and distribution of drugs. The requirements vary based on the business type:

    • For Wholesale Business (Distribution): The operations must be supervised by a "Competent Person." This can be:
      • A Registered Pharmacist.
      • A graduate with at least one year of experience in dealing with drugs.
    • For Retail Business (Pharmacy): All sales and dispensing activities must be conducted under the direct supervision of a Registered Pharmacist.

    Adequate Storage Premises: 

    You must have a proper commercial space for storing medicines. The premises are inspected by a Drug Inspector and must meet specific conditions:

    • Minimum Area: Typically, a minimum of 10 square meters is required for a wholesale license. This can vary by state.
    • Proper Storage Facilities: The premises must be clean, well-lit, and equipped with necessary storage solutions like cupboards, racks, and, crucially, a refrigerator and freezer to store temperature-sensitive drugs like vaccines and serums.

    Enjoy limited liability protection, easy fundraising, and better brand credibility. Register your Pvt Ltd company online with Razorpay Rize and focus on building your pharmaceutical business while we handle compliance.

    How to Start a Pharmaceutical Company in India?

    The incorporation process is now simplified through the SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form by the Ministry of Corporate Affairs. Steps include:

    Phase 1: Business Incorporation

    The first step is to register your business as a legal entity with the Ministry of Corporate Affairs (MCA). The modern SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form has streamlined this process significantly.

    • Get Director Credentials: All proposed directors of the company must obtain a Digital Signature Certificate (DSC) and a Director Identification Number (DIN). The DSC is an electronic signature used for filing documents online, and the DIN is a unique number assigned to each director.
    • Reserve a Company Name: You must apply for and reserve a unique name for your company. This can be done through the MCA portal's RUN (Reserve Unique Name) service or directly within the SPICe+ form.
    • Draft Foundational Documents: Two critical documents need to be prepared:
      • Memorandum of Association (MoA): This document defines the company's objectives and the scope of its business activities.
      • Articles of Association (AoA): This document outlines the internal rules and regulations for managing the company.
    • File the SPICe+ Form: This single, integrated web form is used to file for incorporation. It combines applications for the company name, DIN allotment, and issuance of important tax numbers like PAN and TAN.
    • Receive Certificate of Incorporation: Once the MCA approves your application, you will receive a Certificate of Incorporation. This certificate includes your unique Corporate Identity Number (CIN) and officially marks the legal birth of your company.

    Phase 2: Securing Pharmaceutical Licenses

    This is the most critical phase and is specific to the pharmaceutical industry. These licenses are granted by the Central Drugs Standard Control Organization (CDSCO) and State Drug Control Departments.

    • Drug License: This is the primary license required to deal with drugs and cosmetics. The type of license depends on your business model:
      • Manufacturing License: Required if you plan to manufacture drugs. This involves a rigorous inspection of your manufacturing facility to ensure it complies with Good Manufacturing Practices (GMP) and has the necessary technical staff and equipment.
      • Wholesale/Distribution License: Required for stocking, selling, and distributing drugs. This requires having adequate storage premises with proper refrigeration facilities and employing a registered pharmacist.
    • GST Registration: Before you can apply for a drug license, you must complete your Goods and Services Tax (GST) registration. The GSTIN is a mandatory requirement for the drug license application.

    Phase 3: Brand and Tax Formalities

    With your company and licenses in place, the final step is to protect your brand and manage your finances.

    • Trademark Registration: It is highly advisable to register your company name, logo, and the brand names of your pharmaceutical products. This protects your intellectual property and prevents others from using similar names.
    • Bank Account Opening: You can open a corporate bank account using the Certificate of Incorporation and other registration documents.

    Get started with Razorpay Rize and complete your company registration online in just a few clicks. Fast approvals, 100% digital process, and expert support to make your pharma business official.

    Documents Required to Register a Pharma Company

    Here’s a checklist of essential documents required to open pharma company:

    For Indian Directors/Shareholders:

    • PAN Card
    • Aadhaar Card
    • Passport-size photographs
    • Address proof (utility bill, bank statement)

    For Foreign Directors/Shareholders:

    • Passport (notarised and apostilled)
    • Proof of overseas address
    • Photograph

    For the Company:

    • Registered office address proof (rent agreement/ownership proof)
    • Utility bill of the premises (electricity/water bill)
    • MoA and AoA

    Other Registrations Required for a Pharma Company

    After incorporation, a pharma company must obtain additional registrations and licenses to operate legally:

    1. Drug License (under the Drugs and Cosmetics Act, 1940)


      • Manufacturing License
      • Wholesale License
      • Retail License
      • Loan License (for outsourcing manufacturing)
      • Import License (for foreign medicines)

    2. GST Registration – Mandatory for taxation and interstate sales.
    3. FSSAI Registration – Required if dealing with nutraceuticals or dietary supplements.
    4. Trademark & Patent Registration – Protects brand identity and intellectual property.
    5. Import Export Code (IEC) – For companies engaged in pharma exports/imports.

    Frequently Asked Questions (FAQs)

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    1,499 + Govt. Fee
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    Limited Liability Partnership
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    BEST SUITED FOR
    • Professional services 
    • Firms seeking any capital contribution from Partners
    • Firms sharing resources with limited liability 

    One Person Company
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    • Freelancers, Small-scale businesses
    • Businesses looking for minimal compliance
    • Businesses looking for single-ownership

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    BEST SUITED FOR
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    • Businesses looking to issue shares
    • Businesses seeking investment through equity-based funding


    One Person Company
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    • Businesses looking for minimal compliance
    • Businesses looking for single-ownership

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    • Businesses seeking investment through equity-based funding


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    BEST SUITED FOR
    • Professional services 
    • Firms seeking any capital contribution from Partners
    • Firms sharing resources with limited liability 

    Frequently Asked Questions

    What is the minimum investment required to open a pharmaceutical company in India?

    The minimum investment depends on the type of pharma business you plan to set up:

    • Retail pharmacy/wholesale distribution – ₹5–10 lakhs (primarily for licenses, shop setup, and inventory).
    • Small-scale manufacturing unit – ₹2–5 crores (including land, plant, machinery, and approvals).
    • Marketing company (without manufacturing) – ₹10–20 lakhs (mainly for licenses, branding, and distribution network).

    The costs vary depending on location, scale, and whether you plan to export.

    Which business structure is best for a pharmaceutical startup in India?

    The Private Limited Company structure is considered the most suitable for pharmaceutical startups because:

    • It provides limited liability protection to the founders.
    • It is preferred by investors and VCs, making it easier to raise funds.
    • It ensures better compliance and credibility with regulators, suppliers, and customers.

    For foreign companies, setting up an Indian subsidiary is often the best route to enter the Indian pharma market.

    How long does it take to register a pharma company?

    Registering a pharmaceutical company in India through the SPICe+ process generally takes 10–15 working days, provided all documents are in order.

    Do I need separate licenses for manufacturing and marketing drugs?

    Yes. The licenses are different depending on your business model:

    • Manufacturing License: Required if you are producing drugs and medicines.
    • Marketing License: Required for companies that outsource production but handle branding and distribution.
    • Wholesale/Retail License: Required for distribution or retail pharmacy operations.

    So, you must apply for the specific license(s) that match your pharma company’s scope of operations.

    How can I protect my pharma brand name and logo from competitors?

    To secure your brand identity in the competitive pharma market, you should:

    1. Register a Trademark: Protects your brand name, logo, and tagline under the Trademarks Act, 1999.
    2. Patent Registration: If you’ve developed a new drug formula or process, apply for patents to secure exclusivity.

    Copyright Protection: For marketing materials, packaging, and designs.

    Mukesh Goyal

    Mukesh Goyal is a startup enthusiast and problem-solver, currently leading the Rize Company Registration Charter at Razorpay, where he’s helping simplify the way early-stage founders start and scale their businesses. With a deep understanding of the regulatory and operational hurdles that startups face, Mukesh is at the forefront of building founder-first experiences within India’s growing startup ecosystem.

    An alumnus of FMS Delhi, Mukesh cracked CAT 2016 with a perfect 100 percentile- a milestone that opened new doors and laid the foundation for a career rooted in impact, scale, and community.

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    Characteristics of Private Limited Company - Razorpay Rize

    Characteristics of Private Limited Company - Razorpay Rize

    Table of Contents

    What is a Private Limited Company?

    A Private Limited Company is a business structure in India registered under the Companies Act, 2013. It is a separate legal entity from its owners, with its own rights and liabilities. Characteristics of private company include limited liability for shareholders, restrictions on share transfers, and a minimum of two members.

    Under Section 2(68) of the Companies Act, 2013, a Private Limited Company is defined as a company that restricts the right to transfer its shares, limits the number of members to 200 (excluding employees), and prohibits any invitation to the public to subscribe for its securities.

    Characteristics of a Private Limited Company

    Characteristics of private companies make it a preferred business structure for growing startups and SMEs in India. A Private Limited Company has several distinct characteristics that define its structure, ownership, and operations. Features of a private limited company such as limited liability, perpetual succession, easier fundraising, and professional image help entrepreneurs scale their business while mitigating risks. Understanding these features of a private limited company is crucial for entrepreneurs considering this business model. These include:

    Separate Legal Entity

    A Private Limited Company is a separate legal entity from its shareholders. This means the company can enter into contracts, own assets, incur liabilities, and sue or be sued in its own name. The company's existence is independent of its members, providing continuity and perpetual succession.

    Limited Liability of Members

    One of the biggest advantages of a Private Limited Company is the limited liability protection it offers to its shareholders. The liability of members is limited to the amount of share capital they have subscribed to. Their personal assets are protected in case the company faces losses or legal issues. This reduces the financial risk for shareholders.

    Minimum and Maximum Members

    A Private Limited Company requires a minimum of two members and can have a maximum of 200 members (excluding employees). These members can be individuals, other companies, or foreign entities. Having multiple shareholders allows for pooling of resources and expertise.

    Restriction on Share Transfer

    Shares of a Private Limited Company cannot be freely transferred to the public. Any transfer of shares requires the approval of the company's Board of Directors. The right to transfer shares is restricted by the company's Articles of Association, and existing shareholders have the first right to purchase any shares offered for sale. This helps maintain control over ownership.

    Minimum Capital Requirement

    There is no minimum capital requirement for incorporating a Private Limited Company in India. This makes it easier for startups and small businesses to adopt this structure without significant upfront investment. However, the company's authorized and paid-up capital must be mentioned in its Memorandum of Association.

    Perpetual Succession

    A Private Limited Company has perpetual succession, which means its existence is not affected by the entry or exit of members. The company continues to operate even if all the original shareholders and directors change over time, providing stability and continuity for the business.

    Use of "Private Limited" in Name

    A Private Limited Company must use the words "Private Limited" or "Pvt Ltd" at the end of its name. This helps distinguish it from public limited companies and sole proprietorships. The name should not be identical or too similar to any existing company to avoid confusion.

    Mandatory Registration

    Incorporation of a Private Limited Company is mandatory and must be registered with the Registrar of Companies (ROC). The company comes into existence only upon registration and is given a Certificate of Incorporation. This is different from sole proprietorships and partnerships, which can operate without formal registration.

    Statutory Compliance

    Private Limited Companies are subject to various statutory compliances under the Companies Act, 2013. These include conducting board meetings, maintaining statutory registers and records, filing annual returns, and appointing auditors. Non-compliance can lead to penalties and legal consequences.

    Documents Required to Register a Private Limited Company

    1. Director Identification Number (DIN) for each proposed director

    2. Digital Signature Certificate (DSC) for each proposed director

    3. Proof of identity and address for directors and shareholders

    4. Proof of registered office address

    5. Memorandum of Association (MOA) and Articles of Association (AOA)

    6. Consent letters from directors

    7. PAN card of directors and shareholders

    8. Passport-size photographs of directors

    Process to Register Private Limited Company

    Incorporating a Private Limited Company involves obtaining Director Identification Number (DIN), Digital Signature Certificate (DSC), and filing necessary documents required for pvt ltd registration. Seeking professional advice from legal and financial experts can help navigate the registration process smoothly. The process of registering a Private Limited Company involves the following steps:

    1. Obtain Director Identification Number (DIN) for each proposed director: Directors must apply for a DIN through the SPICe+ (Simplified Proforma for Incorporating a Company Electronically Plus) form. DIN can also be applied during incorporation.
    2. Acquire Digital Signature Certificate (DSC) for each proposed director: All directors and shareholders must obtain a Class 3 Digital Signature Certificate (DSC). The DSC is used to sign forms electronically during the registration process.
    3. Select and apply for a unique company name through the RUN (Reserve Unique Name) service: Use the RUN (Reserve Unique Name) service on the MCA portal to propose a unique company name. Ensure compliance with the Companies Act, 2013 and avoid prohibited or identical names.
    4. Draft the Memorandum of Association (MOA) and Articles of Association (AOA): Draft key documents, including:
    • Memorandum of Association (MoA) – Defines the company’s objectives.
    • Articles of Association (AoA) – Details operational rules and regulations. Obtain affidavits, declarations, and consent from directors.
    1. File the SPICe+ form along with required documents and payment of fees: Submit the SPICe+ form on the MCA portal with DSC. Attach MoA, AoA, and applications for PAN, TAN, and GST registration (if applicable). Pay the required fees and stamp duty online.
    2. Obtain Certificate of Incorporation from ROC upon successful registration: Upon approval, the Certificate of Incorporation is issued by the Registrar of Companies (RoC). This includes the Company Identification Number (CIN), confirming legal status.

    {{pvt-cta}}

    Types of Private Limited Companies

    Based on the liability of members, Private Limited Companies can be categorised into three types:

    1. Company Limited by Shares: The liability of members is limited to the amount unpaid on their shares. This is the most common type of Private Limited Company.
    2. Company Limited by Guarantee: The liability of members is limited to the amount they have agreed to contribute to the company's assets in the event of its winding up.
    3. Unlimited Company: Members' liability is unlimited. They are liable for the company's debts and obligations.

    Frequently Asked Questions:

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    Frequently Asked Questions

    What are the benefits of a private limited company?

    Some key benefits of a private limited company include limited liability protection for shareholders, better credibility and professional image, perpetual succession, easier access to funding, and ability to offer Employee Stock Options (ESOPs).

    What is the difference between pvt ltd and llp?

    Private Limited Company vs. Limited Liability Partnerships: A Private Limited Company has shareholders and directors, while an LLP has partners. LLPs have lesser compliance requirements compared to Private Limited Companies. However, Private Limited Companies offer more flexibility in ownership structure and fundraising.

    Who is the owner of Pvt Ltd?

    The owners of a Private Limited Company are its shareholders. The ownership is determined by the number of shares held by each member. The shareholders appoint directors to manage the day-to-day operations of the company.

    How much tax does a private limited company pay?

    Private Limited Companies are taxed as separate legal entities. The corporate tax rate is 25% for companies with an annual turnover of up to Rs. 400 crores (as of FY 2021-22). Surcharge and cess are applicable based on the company's income level.

    What are the tax benefits of Pvt Ltd company?

    Private Limited Companies can avail several tax benefits and deductions, such as:

    • Deduction of business expenses incurred wholly for the purpose of the business
    • Depreciation on fixed assets
    • Carry forward and set off of losses
    • Deductions for employee welfare expenses
    • Deductions for donations made to charitable organizations

    Is GST required for a private limited company?

    Yes, a Private Limited Company is required to register for Goods and Services Tax (GST) if its annual turnover exceeds the threshold limit (Rs. 40 lakhs for goods and Rs. 20 lakhs for services, as of FY 2021-22). GST registration is mandatory for companies engaged in inter-state transactions, irrespective of turnover.

    Types of Trademark: A Comprehensive Guide

    Types of Trademark: A Comprehensive Guide

    A trademark is a unique identifier, such as a word, symbol, or design, that distinguishes the goods or services of one business from another. It plays a vital role in helping consumers identify the origin of products or services, ensuring authenticity and trust. 

    There are different types of trademarks, including product marks, service marks, collective marks, and more. Each type serves a specific purpose, offering businesses a way to protect their intellectual property and enhance brand recognition. This article will explore the various categories of trademarks, their significance, and how they can be applied to businesses.

    Table of Contents

    Product Mark

    A product mark is a kind of trademark used exclusively on goods, helping consumers identify the origin of the product and ensuring its authenticity. It plays a crucial role in distinguishing one business's goods from another, contributing to brand recognition and reputation.

    Product marks fall under trademark classes 1 to 34, which categorise various types of goods, including chemicals, machinery, and textiles. For example, the "Nike" logo on shoes is a product mark that signifies the brand's origin and quality. 

    Service Mark

    A service mark is a trademark used to distinguish one business's services from those offered by others. Unlike product marks, which apply to goods, service marks highlight the origin and quality of services, helping customers identify and trust a particular service provider.

    These marks typically fall under trademark classes 35 to 45, covering various services such as advertising, financial services, and hospitality. For instance, the "Taj Hotels" emblem represents a service mark that signifies premium hospitality services. 

    Collective Mark

    A collective mark is a type of trademark used to identify goods or services offered by members of a group, association, or institution. It ensures that the products or services meet specific quality or ethical standards set by the organisation holding the mark.

    These marks distinguish the collective efforts of a group rather than an individual business. For example, the Chartered Accountant (CA) designation in India serves as a collective mark in trademark, representing professionals certified by the Institute of Chartered Accountants of India (ICAI).

    Certification Mark

    A certification mark is a symbol used to certify that a product meets specific standards related to origin, material, quality, or manufacturing methods. It guarantees that the certified product complies with established benchmarks, regardless of the owner’s business.

    Certification mark examples include the "ISI" mark on electrical appliances and the "Agmark" label on food products in India, both of which assure consumers of quality and safety. Such marks are commonly found on food, electronics, and toys.

    Shape Mark

    A shape mark protects the distinctive shape of a product, enabling consumers to associate it with a specific brand. It ensures that unique designs contributing to a product's identity remain exclusive to the brand. For instance, the iconic contour shape of Coca-Cola bottles and the unique design of Fanta bottles are classic examples of shape marks that enhance brand recognition and trust.

    Pattern Mark

    A pattern mark protects distinctive designs or patterns used on a product to set it apart from competitors. To qualify, the pattern must be unique and easily recognisable—generic or common patterns are often rejected. For example, the well-known Burberry check pattern on their clothing and accessories is a classic pattern mark that helps identify the brand.

    Demonstrating the uniqueness of the pattern is essential for successful registration, as it ensures the design remains exclusive to the brand, reinforcing its identity in the market.

    Sound Mark

    A sound mark is a unique audio signature linked to a product or service, allowing consumers to identify its origin through sound. It plays a significant role in branding, often used as an audio mnemonic in advertisements. A well-known example in India is the IPL tune, which instantly evokes recognition of the Indian Premier League.

    Arbitrary and Fanciful Trademarks

    Arbitrary and fanciful trademarks are distinct categories that stand out for their unique qualities. A fanciful mark is a made-up term or word with no prior meaning, making it highly distinctive and easy to register. For example, "Google" and "Kodak" are fanciful marks, as these words were coined specifically for the brands and have no inherent connection to their respective products.

    On the other hand, an arbitrary mark uses a commonly known word but has no direct relation to the product or service it represents. "Apple," for instance, is an arbitrary mark since it’s a well-known word but doesn’t link directly to computers or electronics. 

    Geographical Indications (GI)

    A Geographical Indication (GI) is not a type of trademark but a separate form of intellectual property protection. It denotes a product’s specific geographic origin and assures consumers of its quality or reputation linked to that region. GIs help preserve the uniqueness of products tied to their location. For example, "Darjeeling Tea" and "Banarasi Silk" are GIs that signify the products’ origins and qualities unique to those regions.

    How to Choose the Right Type of Trademark?

    1. Assess the Nature of Your Product/Service

      Determine the characteristics and qualities of your product or service. Understanding its nature helps in choosing the appropriate trademark type. For instance, if your product has a unique shape or design, a shape mark could be suitable. If your service stands out for its quality or reputation, a service mark might be more fitting.
    1. Focus on Branding Goals and Industry Standards

    Consider your branding goals—whether you aim to build recognition, guarantee quality, or differentiate your offering. Also, take into account industry practices.

    For instance, if you're part of a group or association, a collective mark might be more suitable, whereas a certification mark may be necessary for products requiring quality assurance. Ensure that the trademark aligns with your long-term branding strategy.

    1. Consult a Trademark Expert if Necessary

    If you are uncertain about which trademark suits your business, it’s advisable to consult a trademark expert. They can assess your product or service and guide you on the best trademark type based on legal requirements and market needs. This ensures that your trademark selection is legally sound and provides optimal protection.

    Examples of Trademarks in Action

    1. Food Industry

      Pepsi uses a product mark that consists of its distinctive logo, which is instantly recognisable by its red, white, and blue colour scheme. This trademark is essential in helping customers identify the Pepsi brand in a competitive market filled with various soft drink options. The product mark not only includes the logo but also the unique design of its packaging, ensuring that every Pepsi product stands out on store shelves.
    1. Fashion Industry

    Louis Vuitton has trademarked its iconic monogram pattern as a pattern mark. This pattern, featuring the “LV” logo repeated across their products, is instantly recognisable worldwide. The distinctive design appears on bags, luggage, and other luxury accessories, making it a signature of high-end fashion.

    By using this pattern mark, Louis Vuitton differentiates itself from other brands and maintains its status in the luxury market, ensuring that customers associate the design with quality and exclusivity.

    1. Technology Industry

      The name Microsoft is a suggestive mark. It combines “microcomputer” and “software,” hinting at its products (software for small computers) without explicitly describing them. Suggestive marks require consumers to make a mental connection between the name and the product or service.


    This type of trademark is distinctive while maintaining a subtle association with the brand's offerings, making it a powerful branding tool in the technology sector.

    1. Hospitality Industry

      Marriott International uses a service mark to represent its brand and distinguish its services in the hospitality industry. The service mark covers not only the name “Marriott” but also its reputation for providing high-quality customer service, luxury, and a wide range of hospitality offerings.

    From hotels to resorts, Marriott’s service mark assures customers of a consistent experience, helping the brand stand out in the competitive world of hotels and travel.

    Frequently Asked Questions

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    Frequently Asked Questions

    What are the different types of trademarks?

    The different types of trademarks include product marks, service marks, collective marks, certification marks, shape marks, pattern marks, and sound marks etc. 

    What are 2 examples of a trademark?

    Two examples of trademarks are the "Nike" swoosh logo, representing the brand's sportswear and footwear, and the "Apple" logo, symbolising the technology company's products like iPhones and Macs. 

    What are the different types of IPR?

    Intellectual Property Rights (IPR) include copyrights, trademarks, patents, designs, and geographical indications (GI). These rights help protect the creations and innovations of individuals or businesses, ensuring legal protection and exclusivity.

    What is the full form of TRIPS?

    TRIPS stands for Trade-Related Aspects of Intellectual Property Rights. It is an international legal agreement that sets minimum standards for protecting and enforcing intellectual property rights across countries.

    How to register a product mark in India?

    To register a product mark in India, you need to select a trademark agent (if not based in India), choose a distinctive mark and relevant class, and conduct a search for availability. Then, file the application with the required documents and fees. The application will be examined, published for opposition, and, if no objections arise, it will be registered for 10 years.

    Benefits of having a service mark for your business

    A service mark helps protect your business’s identity and reputation in the market. It distinguishes your services from competitors, boosts consumer confidence, and provides legal protection against imitation. 

    What is a collective mark and how does it work?

    A collective mark is a trademark used by members of a group, association, or organisation to signify that the goods or services meet certain standards the collective owner sets. It helps distinguish products or services from those of non-members, ensuring quality and origin.

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