The question
1 answer
Practising chartered accountants at ERPCA · 29 Jul 2026
In short
If a funding round is realistically on the roadmap, incorporate a private limited company from day one.
Investors subscribe to equity or compulsorily convertible preference shares, want an ESOP pool, and rely on the Companies Act framework for board rights and share classes. An LLP cannot issue shares or ESOPs, so you would convert before the round, and conversion means a fresh incorporation, transfer of contracts and IP, and a few weeks of lost momentum exactly when you want speed.
The LLP's genuine advantages are a lower compliance load (no audit until turnover crosses ₹40 lakh or contribution ₹25 lakh) and simpler profit withdrawal. Those matter for a services business that will stay founder-owned; they rarely outweigh investor-readiness for a venture-track product.
Two tax points in favour of the company: the angel tax under section 56(2)(viib) was abolished from FY 2024-25, so premium on your shares is no longer taxed as income, and a DPIIT-recognised startup incorporated before 1 April 2030 can apply for the section 80-IAC holiday (100% deduction for any three of its first ten years, turnover up to ₹100 crore).
Next step
Incorporate through SPICe+ with a simple two-director, two-shareholder structure (about ₹10,000 to ₹15,000 in fees and a week), apply for Startup India recognition once you have a working product, and keep the cap table clean from the first allotment.
General guidance on the facts given, not an engagement. Law as on the date of the answer.
Talk to ERPCA about your case →Your situation is a little different?
Post it free. Practising professionals in company / llp registration answer in writing, usually within 2–3 working days.
More questions people asked
All questions →Tax notices, appeals & litigation
My return has been marked defective under section 139(9) for a mismatch in gross receipts. How do I fix it within 15 days?
6 Oct 2026
FEMA & foreign investment
Our private limited company has received $150,000 from a Singapore investor for shares. What are the FEMA and company-law filings and deadlines?
31 Aug 2026
Payroll, PF & ESI
We have grown to 22 employees. Are PF and ESI now compulsory, and what do they cost us?
6 Aug 2026