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Questions and Answers
What defines a limited liability partnership (LLP) as a body corporate?
What defines a limited liability partnership (LLP) as a body corporate?
An LLP is defined as a body corporate because it is a distinct legal entity that has perpetual existence and the capacity to hold property, sue, and be sued in its own name.
Why is a limited liability partnership considered an artificial legal person?
Why is a limited liability partnership considered an artificial legal person?
A limited liability partnership is considered an artificial legal person because it is created through registration, does not have physical attributes, and is recognized by law as having rights and duties.
List two rights that a limited liability partnership has as an artificial person.
List two rights that a limited liability partnership has as an artificial person.
An LLP can acquire and dispose of property and enter into contracts.
Under what conditions is a partnership firm exempt from auditing its accounts?
Under what conditions is a partnership firm exempt from auditing its accounts?
Is registration mandatory for limited liability partnerships (LLPs)?
Is registration mandatory for limited liability partnerships (LLPs)?
What does it mean for an LLP to have perpetual succession?
What does it mean for an LLP to have perpetual succession?
What statements must a limited liability partnership file with the Registrar of Companies each year?
What statements must a limited liability partnership file with the Registrar of Companies each year?
What limitations does an LLP face compared to a natural person?
What limitations does an LLP face compared to a natural person?
Explain the role of registration in the formation of a limited liability partnership.
Explain the role of registration in the formation of a limited liability partnership.
Which act regulates limited liability partnerships in India?
Which act regulates limited liability partnerships in India?
How does the common seal of an LLP function within its legal framework?
How does the common seal of an LLP function within its legal framework?
What is the minimum required number of partners for an LLP?
What is the minimum required number of partners for an LLP?
In what ways is an LLP similar to a corporation?
In what ways is an LLP similar to a corporation?
How is management structured in a limited liability partnership compared to a limited liability company?
How is management structured in a limited liability partnership compared to a limited liability company?
What is the primary governance difference between an LLP and a company?
What is the primary governance difference between an LLP and a company?
What is the implication of not having a maximum limit of partners in an LLP?
What is the implication of not having a maximum limit of partners in an LLP?
What is the legal status of a limited liability partnership (LLP) in terms of ownership of its assets?
What is the legal status of a limited liability partnership (LLP) in terms of ownership of its assets?
In the Salomon vs Salomon & Co. Ltd. case, what was the argument made by the unsecured creditors?
In the Salomon vs Salomon & Co. Ltd. case, what was the argument made by the unsecured creditors?
How can an LLP engage in legal actions regarding its debts?
How can an LLP engage in legal actions regarding its debts?
What happens to creditors of an LLP when it faces insolvency?
What happens to creditors of an LLP when it faces insolvency?
What was the significance of the shares issued to family members in Salomon & Co. Ltd.'s structure?
What was the significance of the shares issued to family members in Salomon & Co. Ltd.'s structure?
Describe the financial situation of Salomon & Co. Ltd. at the time of winding up.
Describe the financial situation of Salomon & Co. Ltd. at the time of winding up.
What is meant by 'separate legal entity' in the context of an LLP?
What is meant by 'separate legal entity' in the context of an LLP?
How does the Salomon case impact the relationship between a company and its shareholders?
How does the Salomon case impact the relationship between a company and its shareholders?
What is a Limited Liability Partnership (LLP) and how does it combine the characteristics of a company and a traditional partnership?
What is a Limited Liability Partnership (LLP) and how does it combine the characteristics of a company and a traditional partnership?
What is the significance of the Limited Liability Partnership Act, 2008?
What is the significance of the Limited Liability Partnership Act, 2008?
What are the key advantages of an LLP over a traditional partnership firm?
What are the key advantages of an LLP over a traditional partnership firm?
Which committees contributed to the concept and legislation of LLPs in India?
Which committees contributed to the concept and legislation of LLPs in India?
Under the LLP Act, 2008, how is the term 'business' defined?
Under the LLP Act, 2008, how is the term 'business' defined?
What role do LLPs serve for small and medium entrepreneurs (SMEs) and professionals?
What role do LLPs serve for small and medium entrepreneurs (SMEs) and professionals?
What is the principal feature of the LLP model regarding partners' liabilities?
What is the principal feature of the LLP model regarding partners' liabilities?
What is the importance of the administrative machinery established under LLP Rules, 2009?
What is the importance of the administrative machinery established under LLP Rules, 2009?
What is the liability of partners in a Limited Liability Partnership (LLP)?
What is the liability of partners in a Limited Liability Partnership (LLP)?
What is the turnover threshold below which an LLP is not required to get its accounts audited?
What is the turnover threshold below which an LLP is not required to get its accounts audited?
What must the name of an LLP end with?
What must the name of an LLP end with?
Who is responsible for carrying out the legal obligations laid down by the LLP Act?
Who is responsible for carrying out the legal obligations laid down by the LLP Act?
What type of activities cannot be the primary purpose of forming an LLP?
What type of activities cannot be the primary purpose of forming an LLP?
What procedural steps must partners follow to implement changes in the LLP?
What procedural steps must partners follow to implement changes in the LLP?
What are the economic rights of a partner in an LLP concerning transferability?
What are the economic rights of a partner in an LLP concerning transferability?
What requirement must be met for a new partner to join an LLP?
What requirement must be met for a new partner to join an LLP?
How does the process of transferring shares differ between private and public companies?
How does the process of transferring shares differ between private and public companies?
Under what circumstances is an audit not legally required for an LLP?
Under what circumstances is an audit not legally required for an LLP?
What is the legal status of an LLP in relation to its partners?
What is the legal status of an LLP in relation to its partners?
What characteristic of an LLP ensures its ongoing existence regardless of partner changes?
What characteristic of an LLP ensures its ongoing existence regardless of partner changes?
What does Section 4 of the LLP Act state regarding the Indian Partnership Act, 1932?
What does Section 4 of the LLP Act state regarding the Indian Partnership Act, 1932?
Flashcards
Body Corporate
Body Corporate
A legal entity separate from its owners, with perpetual existence, a common seal, and the ability to own property, sue, and be sued.
Artificial Legal Person
Artificial Legal Person
A legal person created through registration, not by birth, with rights similar to a natural person but lacking physical attributes.
Formation of an LLP
Formation of an LLP
A limited liability partnership is an artificial legal person created by registering an incorporation document with the LLP Act.
Limited Liability
Limited Liability
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LLP's Legal Capabilities
LLP's Legal Capabilities
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LLP Restrictions
LLP Restrictions
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LLP (Limited Liability Partnership)
LLP (Limited Liability Partnership)
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Limited Liability Partnership (LLP)
Limited Liability Partnership (LLP)
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LLP Act, 2008
LLP Act, 2008
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LLP Rules, 2009
LLP Rules, 2009
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Limited Liability of LLP Partners
Limited Liability of LLP Partners
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Flexibility of Internal Management
Flexibility of Internal Management
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Low Compliance Costs
Low Compliance Costs
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LLP suitability for SMEs and Professionals
LLP suitability for SMEs and Professionals
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Definition of 'Business' in the LLP Act
Definition of 'Business' in the LLP Act
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Separate Legal Entity in LLP
Separate Legal Entity in LLP
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LLP Property Ownership
LLP Property Ownership
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Partner Ownership in LLP
Partner Ownership in LLP
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LLP Legal Capacity
LLP Legal Capacity
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LLP Creditor Liability
LLP Creditor Liability
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Salomon vs Salomon & Co. Ltd.
Salomon vs Salomon & Co. Ltd.
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Salomon vs Salomon & Co. Ltd. - Facts
Salomon vs Salomon & Co. Ltd. - Facts
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Salomon vs Salomon & Co. Ltd. - Significance
Salomon vs Salomon & Co. Ltd. - Significance
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Limited Liability Company (LLC)
Limited Liability Company (LLC)
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LLP Agreement
LLP Agreement
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Partnership Firm
Partnership Firm
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Designated Partners
Designated Partners
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Statement of Account and Solvency
Statement of Account and Solvency
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Annual Return
Annual Return
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LLPs and Number of Partners
LLPs and Number of Partners
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What is a key characteristic of an LLP?
What is a key characteristic of an LLP?
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What happens to an LLP if partners change?
What happens to an LLP if partners change?
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Does an LLP have a set lifespan?
Does an LLP have a set lifespan?
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How can LLPs change business operations?
How can LLPs change business operations?
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Can a partner's financial rights be transferred in an LLP?
Can a partner's financial rights be transferred in an LLP?
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Does transferring a partner's rights make the transferee a partner in the LLP?
Does transferring a partner's rights make the transferee a partner in the LLP?
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Does the Indian Partnership Act apply to LLPs?
Does the Indian Partnership Act apply to LLPs?
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When is an audit mandatory for an LLP?
When is an audit mandatory for an LLP?
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LLP partner's liability
LLP partner's liability
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LLP audit requirement
LLP audit requirement
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LLP name ending
LLP name ending
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LLP legal obligations
LLP legal obligations
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LLP purpose
LLP purpose
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Study Notes
Limited Liability Partnership (LLP)
- LLP is a new business entity combining limited liability of a company with the flexibility of a partnership.
- Several expert committees recommended legislation, including the Abid Hussain Committee (1997), Naresh Chandra Committee (2003), and Dr. J.J. Irani Committee (2005).
- LLPs are alternative to traditional partnerships (unlimited personal liability) and companies (statute-based governance).
- LLPs allow partners to be insulated from joint liability (liability limited to agreed contribution).
- LLPs are a hybrid between a company and a partnership, integrating flexibility from both.
- The LLP Act (2008) outlines its structure and operations.
LLP Act, 2008
- The act came into force in stages (31st March 2009 and 31st May 2009).
- The act has schedules outlining provisions.
- Schedule 1: Covers mutual rights & duties of partners where no agreement exists.
- Schedule 2: Shows conversion from firm to LLP.
- Schedule 3: Shows conversion from private company to LLP.
- Schedule 4: Shows conversion from unlisted public company to LLP.
- LLP Rules (2009) address operational and procedural aspects. Subsequent amendments were made including the Limited Liability Partnership (Second Amendment) Rules 2011.
- Compliance is handled via digital signatures and an online portal (llp.gov.in).
- Registrar of Companies (ROC) is responsible for administration under Ministry of Corporate Affairs (MCA), for administration.
Salient Features of LLP Act, 2008
- LLP is a separate legal entity from partners.
- Two or more people can form an LLP for lawful profit-making business.
- LLP enjoys perpetual succession.
- Partner rights/duties governed by agreement or LLP Act 2008 provisions.
- Partner liability limited to their contribution.
- Partners not liable for unauthorized actions of other partners.
- LLP has designated partners residing within India.
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