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- A limited liability partnership is a legal body, liable for the full extent of its assets. The liability of the partners, however, is limited. It, therefore, can show elements of partnerships and companies. In an LLP, each partner is not responsible or liable for another partner's misbehavior or negligence.
www.toppr.com › guides › business-lawsMeaning and Concept of a Limited Liability Partnership (LLP)
Jan 2, 2024 · Explore key provisions of LLP (Amendment) Bill, 2021, aimed at promoting startups, decriminalizing offenses, and enhancing business ease. Learn about impact on LLPs and business landscape.
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- LLP Is A Body Corporate
- Perpetual Succession
- Separate Legal Entity
- Mutual Agency
- LLP Agreement
- Artificial Legal Person
- Common Seal
- Limited Liability
- Minimum and Maximum Number of Partners in An LLP
- Business Management and Business Structure
According to Section 3 of the Limited Liability Partnership Act 2008 (LLP Act), an LLP is a body corporate, formed and incorporated under the Act. It is a legal entity separate from its partners.
Unlike a general partnership firm, a limited liability partnership can continue its existence even after the retirement, insanity, insolvency or even death of one or more partners. Further, it can enter into contracts and hold propertyin its name.
Just like a corporation or a company, it is a separate legal body. Further, it is completely liable for its assets. Also, the liability of the partners has certain limitations in their contribution to the LLP. Hence, the creditors of the LLP are not the creditors of individual partners.
Another difference between an LLP and a partnership firm is that independent or unauthorized actions of one partner do not make the other partners liable. All partners are agentsof the LLP and the actions of one partner do not bind the others.
An agreement between all partners governs the rights and duties of all the partners.Also, the partners can devise the agreement as per their choice. If such an agreement is not made, then the Act governs the mutual rights and duties of all partners.
For all legal purposes, LLP is an artificial legal person. A legal process creates it and has all the rights of an individual. It is invisible, intangible, and immortal but not fictitious since it exists.
If the partnersdecide, the LLP can have a common seal [Section 14(c)]. It is not mandatory though. However, if it decides to have a seal, then it is necessary that the seal remains under the custody of a responsible official. Further, the common seal can be affixed only in the presence of at least two designated partners of the LLP.
According to Section 26 of the Act, every partner is an agent of the LLP for the purpose of the business of the entity. However, he is not an agent of other partners. Further, the liability of each partner has limitations to his agreed contribution to the LLP. It provides personal liability protection to its partners.
Every Limited Liability Partnerships must have at least two partners and at least two individuals as designated partners. At any time, at least one designated partner should be resident in India. There is no maximum limit on the number of maximum partners in the entity.
The partners of the LLP can manage their business. However, only the designated partners are responsible for legal compliances.
Aug 3, 2024 · LLPs allow entrepreneurs to focus on business growth without worrying about personal liabilities, making them a boon for startups and small to medium-sized enterprises in India. In this blog, let’s understand the Limited Liability Partnership and explore its key features, advantages, and legal framework in India.
- The major advantage of an LLP firm is that all the partners’ personal assets are not subjected to inception or action as they are all limited to th...
- LLP allows you to have the benefits of a limited company and is also flexible of a partnership at the same time. LLP can continue to exist even if...
- An LLP must have at least 2 partners, to begin with; It can scale up to more than 50+ partners. However, you can run your LLP business for a maximu...
- No GST is not mandatory to file an LLP. Eventually, you will be required to submit your GST details during taxation based on your turnover and serv...
- LLP firms are subjected to a 30% tax, similar to a partnership firm. The partners are expected to file their tax returns on 30%.
Aug 4, 2021 · A Limited Liability Partnership (LLP) is a hybrid model of a partnership firm and a company in which some or all partners (depending on the jurisdiction) have limited liabilities. In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence.
Oct 6, 2022 · Recently, on 13 th August 2021, the President approved the Limited Liability Partnership (Amendment) Bill, 2021. Accordingly, post receipt of the assent, the same became the Limited Liability Partnership (Amendment) Act, 2021. The key points of the same are highlighted in the present article.
6 days ago · LLP the abbreviation for Limited Liability Partnership. This type of business is defined as a recent business set in India. It was finally acknowledged and enacted by the Parliament on December 12, 2008, commencing from the year 2009 as ‘The Limited Liability Partnership Act 2008’.
Current Account. Limited Liability Partnership (LLP): – Meaning, Benefits, & Structure Explained. What is Limited Liability Partnership (LLP): Meaning, Full Form, Benefits & Registration Process. Imagine a business where you work with trusted partners and share the profits, but your savings stay safe even if things go wrong.
