Difference between Partnership and Company
The main point of Difference between Partnership and Company are as follow;
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Basic of Difference |
Partnership |
Company |
Formation | It formation is easy and less expensive, partnership form under partnership act 1932 (India, Pakistan) | The formation of Company is lengthy and expensive. It forms under company ordinance 1984
|
Legal Entity: | A partnership has no separate legal entity. the acts of the firm bind the partners and the acts of individual partners ordinarily bind the firm | Joint stock company has a separate legal entity separate from their shareholders. It may act in its own right without making shareholders liable for it. |
Liability | the liability of the partners is unlimited and they are equally and separately liable for the debts of the firm. | The liability of the shareholders of a company is limited to the face value of the shares bought by them. |
Number of Members | The minimum number of partners is two and maximum number is not given according to Partnership act. | In a public company minimum number is seven while there is no maximum limit. |
Existence | A partnership does not have stable life and perpetual existence | company has a constant and perpetual succession. The change of membership or death of insolvency of the member does not affects its affairs and existence of company. |
Profit | The net profit is distributed among the partners according to agreed ration | The net profit distributed among the shareholders known as Dividend. |
Transfer of Shares | A partner can transfer his share only with the consent of all partners. | shareholders of a company enjoy freedom to transfer their shares. But, there is some restriction in a private company. |
Management | Partners has right to take part in the management and operation of the firm | shareholder has no right to take part in the management and operations of the company. The Company Elect Board of Directors, who manages the company’s affairs. |
Stability | It lacks stability and dissolved on admission, retirement and death of partner. | It stabile and no effect on company when shareholder got retirement or death. |
Capital | In partnership, partners invest money according to their wish and the consent of other partners. | The capital of a company is divided into shares. Company has no right to issue shares more than the authorized capital mentioned in its article of association. |
Changes in Capital | The partners can easily change the amount of capital, no legal work required | To change the authorized capital of company took a lot of time and under go through legal process. |
Final Accounts and Audit | A partnership is not under statutory responsibility for the preparation of final accounts and audit the books of accounts. | Final accounts of the company must be organized and distributed among the shareholders. It should be audited by a qualified auditor. |
Dissolution | A partnership is dissolved according to the agreement among the partners or by the court. | A company is dissolved only through legal procedures. |
Objective and Power | The clauses of agreement deed of a partnership can be altered with mutual consent of the partners as and when they desire. |
The powers and objects of a company are set out in the Memorandum of Association .these can be altered only in accordance with the provisions of Companies ordinance |
statutory regulations | a partnership, thought governed by the partnership Act, is relatively free from statutory regulations. | company right from its inception has to comply with various and varied statutory regulation |
Conclusion | partnership is weak form of organization with uncertain existence. it is suitable for medium scale business operation. | the joint stock company is more sound and durable and is suitable for doing business on large. |