Companies Act 2013 has prescribed the maximum number of members in case of a partnership firm should not be more than 100 in case of partnerships. 

In case of private companies, the maximum limit has been increased by the new Companies Act, 2013 from 50 to 200. There is however no maximum limit on the no. of members in a public company.

2) 

In partnership each partner has unlimited liability and is personally liable for all the debts of the firm. In a company, on the other hand, a shareholder has limited liability – limited to the extent of the share capital.

3) 

for small business it is  advisable to opt for Partnership form of business structure as not only the cost of setting up is less but also because of the fact that there are statutory regulations to be complied with.

4) advisable to form limited liability partnership (LLP) 

in case of LLP there is no limit on maximum number of partners 

NRI can purchase commercial property in India 

they can be fractional owners of commercial property in India

you can manage NRI investment portfolio 

4) you can take on responsibility of sourcing, due diligence, paperwork, liquidity, asset management, to tenant search on their behalf.

5) NRI can execute POA in favour of family member for registration purposes if property bought in their name 

There is no restrictions for the aforesaid. NRI can invest in property except agricultural land

you can form a private limited company 

the company can purchase the property and have registration done in its name

the investors can then be allotted shares by the company in proportion to their investment

the investors would thus become shareholders of the company and entitled to its profits on pro rata basis

the rent can then be divided among the shareholders/investors in proportion to their investment

earlier the maximum number of shareholders of a private limited company was restricted to 50

now its increased to 200

as long as the investors are pouring money into India, there is no problem

FEMA and RBI rules restrict the amount of money that can exit India for which there is some cap beyond which the outward remittances are not permitted without permission of FEMA authorities

as the investors will be allotted shares and property will be purchased in the name of the company, the investors need not be physically present at the time of property registration 

the company only has to comply with the Companies Act by making proper filings with the Registrar of Companies as and when shares are allotted to the investors. A company secretary will have to be engaged for this

as the property will be purchased in name of the company, the start will need funds which will come from the investors. However since the investors will be made shareholders in the company after they inject their investment and prior to purchase, the start up will have to enter into some form of agreement with such investors wherein it will be agreed how the investors' money will be invested and the benefits that they would get, so that in case of breach, the investors can sue the start up on basis of such agreement

1. Since it is a start up concern, you can forma partnership firm now and convert it to a Pvt Ltd. Company when the business increases.

2. For Pvt Ltd. Company there must be a minimum of two shareholders and maximum of 200. For directors, the minimum is two and maximum of 15. The new Companies Act 2013 has prescribed the maximum number of members in case of a partnership firm should not be more than 100 in case of partnerships. As per the previous Companies Act 1956, the maximum limit in case of partnerships was 10 and 20 for banking business and other businesses respectively.

3. There shall have to some investment to be the shareholder of a firm or company.

4. You should always be under legal guidance while conducting your business. 

1. Your software can not register a property since it will be done by the Registrar.

2. However your software can notionally split the rents paid by the multiple nos. of tenants amongst the share holders according to their share holdings.

1. NRIs can be owners of properties i India be it fractional or total.

2. However, in the instant case, the property will be registered in the name of the partnership firm or the Pvt. Ltd. Company. So, the question of registering the real estate in personal names, fractionally, does not arise  in the instant case.

1. Private limited Company:

Companies Act, 2013

Requires minimum two and max 200 shareholders 

Private Company is a separate entity with an ability to own assets in its name.

Liability of members is limited to the extent of the unpaid value of shares subscribed.     

Ownership can be transferred through shares if shareholders give their consent  

Any change in members or directors does not affect the company’s existence.

A comparatively moderate Tax is levied as the tax rate for small companies is reduced to 25%   

  Partnership firm

Indian Partnership Act, 1932

Both registered and unregistered partnerships are legal, but the registered entity is preferred.

It is formed with minimum 2 partners, but not exceeding 50

A partnership firm has no separate identity from its partners.  

Partners are jointly and severally liable to pay the debts of the Partnership Firm

Ownership is not transferable easily, clause of partnership deed should be referred

The tax levied is 30% of the business profit on which is on a higher side.

Now you can compare with the above comparison and decide.

2. See the above answer.

3.   A partnership can be formed by a simple form of a partnership agreement. Thus, it is easy to form with lesser complex formalities.

• Since a partnership firm can be established with mere 2 partners, it has the opportunity to pool more resources and funds for the firm.

• Since the private limited company is a registered legal structure under Companies Act, MCA requires several post-registration mandatory compliances leading to a time-consuming and money-consuming affair

• A private company shall necessarily maintain so many registers and get them audited yearly

• The registration process of Private Limited is a lengthy and complex procedure that involves a huge cost that involves, government fees, stamp duty, and professional fee

Therefore it is advisable that partnership firm may be opted.

4.   Limited liability partnership is a combination of both partnership and corporation. It has the feature of both these forms. As the name suggests partners have limited liability in the company which means that personal assets of the partners are not used for paying off the debts of the company

It is a separate legal entity distinct from its owners. It can enter into a contract and acquire property in its name.

Thus it may be preferable.

LLP:  The partners of the LLP is having limited liability which means partners are not liable to pay the debts of the company from their personal assets. No partner is responsible for any other partner misbehaves or misconduct.

The life of the Limited Liability Partnership is not affected by death, retirement or insolvency of the partner. The LLP will get winded up only as per provisions of the act of 2008.

There is no restriction upon joining and leaving the LLP. It is easy to admit as a partner and to leave the firm or to easily transfer the ownership on others.

Therefore it may be a better option for the kind of business you may propose to begin.

Schedule 4 of the TISPRO Regulations allows an NRI to invest on non-repatriation basis, in the capital of a limited liability partnership, without any limit. In addition to the above, an NRI is also allowed to invest, by way of contribution to the capital of a firm or a proprietary concern in India.

In addition to the above, Schedule 4 of TISPRO Regulations also specify the “Mode of Investment to be followed by an NRI, while investment in India on non-repatriation basis.  These are the following manners by which, the amount payable towards consideration, in case of NRI investments on non-repatriation basis can be carried out:-

1. by direct investment through inward remittance from abroad (through proper banking channels); (or)
2. out of funds held in Non-Resident External (NRE) or Foreign Currency Non-Resident (Bank) (FCNR(B)); (or)
3. through Non-Resident Ordinary (NRO) account maintained in accordance with the Deposit Regulations.   

However, the sale or maturity proceeds (subject to applicable taxes) of such investments shall be credited only to the NRO account of the NRI investor, irrespective of the type of account from which the consideration was paid by the respective NRI. Further, the capital appreciation on such investments is also not allowed to be repatriated abroad. However, dividend and interest income will be freely allowed to be repatriated, being of the current account in nature. 

NRIs can be owners of properties i India be it fractional or total.

NRI can execute POA in favour of family member for registration purposes if property bought in their name

Any NRI is allowed to invest in India, either under Automatic or Government Approved path depending on the sector, in which, the NRI is interested to invest and subject to the exclusion of the prohibited sectors. Simultaneously, it is to be borne in mind by the NRI investor that Foreign Direct Investment is a capital account transaction and any violation of the regulations, rules and laws associated it is critical and attracts penal provisions under FEMA.

Better establish financial based private company 

2) you must be registered as a real estate broker with the Real Estate Regulatory Authority,

3) you should be registered with SEBI to act as Portfolio Manager under the SEBI (Portfolio Managers) Regulations, 1993

Ideally, the fund-raising identity should be registered under Sebi’s alternative investment fund (AIF) regulations or real estate investment trust (REIT) guidelines.

2) you have to be registered with RERA as real estate broker 

3) prop share is registered with RERA as real estate broker 

The firms having branches or multiple business verticals can choose to add multiple businesses under a corresponding GST number.

No doubt, this facility is truly supportive of business expansion and diversification and is favorable for the growth of MSMEs in India. The entrepreneurs can freely expand their business over a vast region within a state with no need of a separate GST registration procedure. Instead, you can have one GST for multiple business types.

In discretionary PMS, the clients funds are managed by the portfolio manager who is responsible for stock selection and executing investment decisions. Non-discretionary PMS is a consultative investment approach wherein the portfolio manager suggests investment ideas.

Fractional investing lets you invest in multiple properties, but you should stay away from it if you do not understand how it works and the associated risks.

To start with, there are regulatory concerns around these platforms which are registered under the real estate regulatory authority (Rera) as brokers. “There is a grey area as far as the regulations are concerned. Investors should check the law for such schemes. Ideally, the fund-raising identity should be registered under Sebi’s alternative investment fund (AIF) regulations or real estate investment trust (REIT) guidelines. Investors should ideally stay away if such investment is not protected under any legal framework of pooling of funds,

The PMS Regulations, 2020 introduce restrictions on investment in unlisted securities by mandating discretionary PMS to invest only in listed securities, while non-discretionary PMS can invest in unlisted securities up to 25% of their AUM.

The portfolio manager is required to accept minimum Rs 50 lakh or securities having a minimum worth of Rs 50 lakh from the client. Clients on-boarded by the portfolio manager prior to January 21, 2020 were required to bring in minimum of Rs 25 lakh as their initial investment. Clients of portfolio managers on-boarded before January 21, 2020 shall, in case of any top-up, comply with the requirement of new minimum investment amount and top up their accounts to minimum Rs 50 lakh.