Will you opt for Limited Liability Partnership (LLP) or "Perkongsian Liabiliti Terhad" (PLT) for your businesses setup in Malaysia

A Limited Liability Partnership (LLP) or "Perkongsian Liabiliti Terhad" (PLT) in Malaysia offers several benefits for entrepreneurs and businesses. Here are the key advantages:

1. Limited Liability

One of the most significant benefits of an LLP is that the liability of partners is limited to the amount of their agreed contribution. This means personal assets are protected and cannot be used to cover the debts and liabilities of the business beyond the amount invested.

2. Flexibility in Management

LLPs provide flexibility in the management structure. Partners have the freedom to decide how the business should be managed and operated without the formalities and strict regulations imposed on private limited companies (Sdn Bhd).

3. Separate Legal Entity

An LLP is a separate legal entity from its partners. This means it can own property, incur debts, sue, and be sued in its name. This separation offers a clear distinction between personal and business affairs.

4. Perpetual Succession

An LLP has perpetual succession, meaning it continues to exist regardless of changes in the partnership, such as the death, retirement, or insolvency of partners. This ensures business continuity.

5. Tax Benefits

LLPs in Malaysia are taxed as partnerships, not as companies. Profits are taxed at the individual partner level rather than at the entity level. This can potentially result in tax savings, depending on the personal income tax rates applicable to the partners.

6. Ease of Formation and Compliance

The process of forming an LLP is generally simpler and more straightforward compared to setting up a private limited company. The compliance requirements are also less stringent, which reduces administrative burdens and costs.

7. No Mandatory Audit Requirement

Unlike private limited companies, LLPs are not required to have their financial statements audited annually. This reduces the cost and administrative effort associated with maintaining compliance.

8. Reduced Reporting Requirements

LLPs benefit from reduced reporting requirements compared to private limited companies. There is no need for annual general meetings, and filing requirements with the Companies Commission of Malaysia (SSM) are less complex.

9. Ability to Raise Funds

While LLPs cannot issue shares like companies, they can still raise funds by bringing in new partners or through other financing arrangements, such as loans or capital contributions from existing partners.

10. Professional Credibility

Operating as an LLP can enhance the professional image of the business. It indicates a commitment to formal business practices and offers a more professional standing compared to sole proprietorships or traditional partnerships.

11. Enhanced Trust and Collaboration

An LLP structure can foster a collaborative business environment. Since the LLP structure protects partners' personal assets and limits liability, it can enhance trust among partners and encourage more professionals to collaborate and form partnerships.

Conclusion

Incorporating a business as an LLP in Malaysia offers numerous benefits, from limited liability and management flexibility to tax advantages and simplified compliance. This makes the LLP structure an attractive option for professionals and entrepreneurs looking to start or grow their businesses with greater security and efficiency.

Contact us today

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Sincerely,

Mohd Hamdi Mohd Azmee
DAFTARNIAGA ADVISORY SDN BHD