Need of the Hour in India - Corporate Structure of a Limited Liability Company (LLC)
I was just going through the popularity of LLP's (Limited Liability Partnerships) in India. LLP Act, 2008 in India was notified on March 31, 2009 and the rules were notified on April 1, 2009. The first LLP was registered on April 2, 2009 and 2780 LLP's were registered until November 12, 2010. This shows that LLP's allow businesses to run with flexibility which young and innovative entrepreneurs find attractive as the act provides flexibility to devise incorporation agreements as per their choice.
In light of this encouraging statistic, if one compares legal corporate structures in India and western countries, one will find scope for incorporation of a one more such form of corporate structure in India - Limited Liability Company (LLC).
LLC: Need of the hour
Limited Liability Company is a type of corporate structure which is very popular with small to midsized entrepreneurs in USA and UK.
What India currently requires is a legal corporate structure for small and medium enterprises that provides the advantage of limited liability, simple registration, minimum legal and compliance requirements and filings access to capital and most importantly avoidance of double taxation - at the corporate and personal level.
Surely, this type of structure can help in ushering transparency (as most of small and medium businesses/enterprises run as proprietary businesses in India and notorious for evading taxes and shoddy book keeping) and a vibrant corporate culture.
Thus, introduction of LLC in India will revolutionize the corporate structure as people will be interested in running small to midsized businesses that are currently running as proprietary businesses.
What is LLC?
A Limited Liability Company (LLC) is a flexible enterprise that has the essence of both a partnership and a corporate structure. It is a legal form of company that provides limited liability to its owners. LLC's can represent non-profit organizations as well.
Advantages of LLC:
• Going concern - the entity does not runs the risk of liquidation in event of death of any Directors and other unforeseen circumstances
• Limited personal liability for business debts and obligations
• More capital raising options as compared to a proprietary business as it is a legal entity.
• Simplified registration and record-keeping (annual meetings and minutes are not required)
• Tax Flexibility: Similar to sole proprietorship or partnership, an LLC enjoys pass-through taxation. This implies that owners (also known as "members") report their share of profits or losses in the company on their individual tax returns. The Internal Revenue Service (IRS) does not assess taxes on the company itself. This prevents "double taxation".
• Owners/members are not required to be citizens of the country or permanent residents
Today India is one of the fastest growing economies in the world. At this juncture of time, adopting LLC's and similar concepts will provide the much needed corporate structures for small and medium enterprises that constitute the backbone of the Indian economy. This will also provide legal status to proprietary businesses that are hereto out of the purview of white economy and hence starved for capital. Hence it is high time that Government of India brings in legislation to facilitate corporate structure of LLC.
References:
1. Ministry of Corporate Affairs, Government of India: www.llp.gov.in/
2. http://en.wikipedia.org/wiki/Limited_liability_company




