Podcast
Questions and Answers
Which of the following is excluded from the definition of Body Corporate?
Which of the following is excluded from the definition of Body Corporate?
- Corporation Sole (correct)
- LLP registered under the Act
- Co-operative Society (correct)
- Company incorporated outside India
What does the term 'Financial Year' mean in the context of LLPs?
What does the term 'Financial Year' mean in the context of LLPs?
- 1st January to 31st December
- 1st April to 31st March of the following year (correct)
- Entire calendar year
- 15th October to 31st March
Which of the following statements about Partners in an LLP is correct?
Which of the following statements about Partners in an LLP is correct?
- An undischarged insolvent can be a partner
- A body corporate cannot be a partner
- A person declared of unsound mind can be a partner
- An individual of sound mind can become a partner (correct)
What qualifies an LLP as a Small LLP?
What qualifies an LLP as a Small LLP?
Which of the following can become partners in an LLP?
Which of the following can become partners in an LLP?
What is a Foreign LLP?
What is a Foreign LLP?
Which of the following is true regarding the Indian Partnership Act, 1932?
Which of the following is true regarding the Indian Partnership Act, 1932?
Under which condition can an individual not become a partner in an LLP?
Under which condition can an individual not become a partner in an LLP?
What happens to a partner's obligations upon ceasing to be a partner in an LLP?
What happens to a partner's obligations upon ceasing to be a partner in an LLP?
What must a partner do within 15 days of changing their name or address?
What must a partner do within 15 days of changing their name or address?
If a partner of an LLP has ceased to be a partner, what are they entitled to receive?
If a partner of an LLP has ceased to be a partner, what are they entitled to receive?
What is the penalty for failing to file changes related to partners with the Registrar of Companies (RoC)?
What is the penalty for failing to file changes related to partners with the Registrar of Companies (RoC)?
Under which condition is an LLP NOT bound by the actions of a partner?
Under which condition is an LLP NOT bound by the actions of a partner?
What happens if a former partner believes that the LLP will not file a notice of their cessation?
What happens if a former partner believes that the LLP will not file a notice of their cessation?
To whom does the obligation of the LLP belong?
To whom does the obligation of the LLP belong?
What is true about the relationship between partners in an LLP?
What is true about the relationship between partners in an LLP?
Which of the following is a characteristic of a Limited Liability Partnership (LLP)?
Which of the following is a characteristic of a Limited Liability Partnership (LLP)?
What does the term 'mutual agency' imply in the context of an LLP?
What does the term 'mutual agency' imply in the context of an LLP?
Which of the following best describes the liability of partners in an LLP?
Which of the following best describes the liability of partners in an LLP?
What is the primary purpose of the LLP Act, 2008?
What is the primary purpose of the LLP Act, 2008?
Which schedule of the LLP Act addresses the rights of partners in the absence of a formal agreement?
Which schedule of the LLP Act addresses the rights of partners in the absence of a formal agreement?
What does the term 'limited liability' signify in the context of an LLP?
What does the term 'limited liability' signify in the context of an LLP?
Which of the following is not a feature of an LLP?
Which of the following is not a feature of an LLP?
Which action is addressed in the Second Schedule of the LLP Act, 2008?
Which action is addressed in the Second Schedule of the LLP Act, 2008?
What must be included in the incorporation document of an LLP?
What must be included in the incorporation document of an LLP?
Who can make the statement of compliance in the incorporation document?
Who can make the statement of compliance in the incorporation document?
What is the penalty for making a false statement in the incorporation document?
What is the penalty for making a false statement in the incorporation document?
What is required for the registration of an LLP's incorporation document?
What is required for the registration of an LLP's incorporation document?
What is a consequence of failing to file a notice for a change in the registered office?
What is a consequence of failing to file a notice for a change in the registered office?
How long does the Registrar have to register the incorporation document after receipt?
How long does the Registrar have to register the incorporation document after receipt?
What is the nature of an LLP as per the incorporation rules?
What is the nature of an LLP as per the incorporation rules?
What document serves as conclusive evidence of the incorporation of an LLP?
What document serves as conclusive evidence of the incorporation of an LLP?
What types of contributions can a partner make under the Limited Liability Partnership Act, 2008?
What types of contributions can a partner make under the Limited Liability Partnership Act, 2008?
According to the LLP Act, who can enforce a partner's obligation to contribute?
According to the LLP Act, who can enforce a partner's obligation to contribute?
What is required regarding the maintenance of books of account under Section 34?
What is required regarding the maintenance of books of account under Section 34?
What is the maximum penalty for non-compliance in filing with the Registrar of Companies (RoC)?
What is the maximum penalty for non-compliance in filing with the Registrar of Companies (RoC)?
When must an LLP file its annual return according to Section 35?
When must an LLP file its annual return according to Section 35?
Who is responsible for prescribing accounting and auditing standards under Section 34(A)?
Who is responsible for prescribing accounting and auditing standards under Section 34(A)?
What is the penalty for non-compliance with the maintenance of books of account?
What is the penalty for non-compliance with the maintenance of books of account?
What does Section 36 of the LLP Act pertain to?
What does Section 36 of the LLP Act pertain to?
What is the maximum imprisonment term for making a false statement in any return or document?
What is the maximum imprisonment term for making a false statement in any return or document?
What is the monetary penalty for making a false statement in a return?
What is the monetary penalty for making a false statement in a return?
What is the fine range for failing to provide information when required by the RoC?
What is the fine range for failing to provide information when required by the RoC?
What must occur for a compounding of offences to take place?
What must occur for a compounding of offences to take place?
What does the RD have the power to do concerning offences punishable by fine only?
What does the RD have the power to do concerning offences punishable by fine only?
How long must an offender wait before compounding a subsequent offence to avoid it being considered as a first offence?
How long must an offender wait before compounding a subsequent offence to avoid it being considered as a first offence?
What happens if an offence is compounded after the institution of prosecution?
What happens if an offence is compounded after the institution of prosecution?
What is the maximum fine for failing to comply with an order directed by the RD during compounding?
What is the maximum fine for failing to comply with an order directed by the RD during compounding?
Flashcards
Limited Liability Partnership (LLP)
Limited Liability Partnership (LLP)
A legal entity separate from its partners, offering limited liability to its owners, while allowing flexible internal structures based on mutual agreements. Partners are liable to the extent of their contribution, not beyond.
LLP Agreement
LLP Agreement
A document that governs the internal workings of an LLP, including the roles, responsibilities, and obligations of partners, profit sharing, and dispute resolution mechanisms.
Mutual Agency in LLP
Mutual Agency in LLP
The legal principle that states that each partner in an LLP is an agent of the entity, and their actions bind the LLP. However, no individual partner can bind another partner without their consent.
Limited Liability in LLP
Limited Liability in LLP
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LLP Liability
LLP Liability
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Perpetual Succession in LLP
Perpetual Succession in LLP
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LLP Act, 2008
LLP Act, 2008
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Conversion of Firm or Company into LLP
Conversion of Firm or Company into LLP
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Body Corporate (LLP)
Body Corporate (LLP)
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Business (LLP)
Business (LLP)
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Financial Year (LLP)
Financial Year (LLP)
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Foreign LLP
Foreign LLP
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Small LLP
Small LLP
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Non-Applicability of Indian Partnership Act for LLPs
Non-Applicability of Indian Partnership Act for LLPs
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Partners in an LLP
Partners in an LLP
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Incorporation Document (LLP)
Incorporation Document (LLP)
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Two or More Subscribers
Two or More Subscribers
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Compliance Statement
Compliance Statement
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Registered Office of LLP
Registered Office of LLP
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Incorporation by Registration
Incorporation by Registration
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Certificate of Incorporation
Certificate of Incorporation
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Penalty for Change in Registered Office
Penalty for Change in Registered Office
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Advocate, CA, CS, Cost Accountant
Advocate, CA, CS, Cost Accountant
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What are the forms of partner contribution in an LLP?
What are the forms of partner contribution in an LLP?
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How are partner contributions enforced in an LLP?
How are partner contributions enforced in an LLP?
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What are the recordkeeping requirements for LLPs?
What are the recordkeeping requirements for LLPs?
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What financial statements are required for LLPs?
What financial statements are required for LLPs?
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When is an LLP required to undergo an audit?
When is an LLP required to undergo an audit?
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What are the consequences of non-compliance in an LLP?
What are the consequences of non-compliance in an LLP?
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Who sets accounting and auditing standards for LLPs?
Who sets accounting and auditing standards for LLPs?
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What is the annual return requirement for LLPs?
What is the annual return requirement for LLPs?
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Penalty for false statement in LLP return
Penalty for false statement in LLP return
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RoC's Power to Obtain Information
RoC's Power to Obtain Information
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Partner's liability after leaving an LLP
Partner's liability after leaving an LLP
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Failure to provide information to RoC
Failure to provide information to RoC
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Compounding of offenses in LLP
Compounding of offenses in LLP
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What can former partners claim from an LLP?
What can former partners claim from an LLP?
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Compounding Limitations in LLP
Compounding Limitations in LLP
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How to register changes in LLP partners?
How to register changes in LLP partners?
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When is an LLP not bound by a partner's actions?
When is an LLP not bound by a partner's actions?
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Consequences of compounding after prosecution
Consequences of compounding after prosecution
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RD's power to demand documents during compounding
RD's power to demand documents during compounding
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Partners as agents of an LLP?
Partners as agents of an LLP?
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Penalty for non-compliance with RD's order
Penalty for non-compliance with RD's order
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Liability of partners in an LLP?
Liability of partners in an LLP?
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What happens if an LLP doesn't register partner changes?
What happens if an LLP doesn't register partner changes?
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What is a Limited Liability Partnership (LLP)?
What is a Limited Liability Partnership (LLP)?
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Study Notes
Introduction
- The Limited Liability Partnership Act, 2008, received presidential assent on January 7, 2009, and was enacted on January 9, 2009.
- It consists of 81 sections and 4 schedules.
Schedules
- First Schedule: Rights of partners and LLP in the absence of formal agreement.
- Second Schedule: Converting a firm into LLP.
- Third Schedule: Converting a private company into LLP.
- Fourth Schedule: Converting an unlisted company into LLP.
Need and Benefits
- The act was introduced as an alternative corporate structure to meet evolving economic demands.
- It bridges the gap between traditional unlimited liability partnerships and structured limited liability companies.
- It provides limited liability benefits while allowing flexible, partnership-like internal structures based on mutual agreements.
- Partner liability is limited to their capital contribution.
Characteristics of an LLP
- Body Corporate: A company, including LLPs registered under the Act, LLPs incorporated outside India, and companies incorporated outside India. It excludes corporation sole, cooperative societies, and other body corporate notified by the government.
- Perpetual Succession: Continues indefinitely.
- Succession: The LLP continues even if partners leave, enter, or pass away.
- Separate Legal Entity: Distinct from its partners.
- Mutual Agency: Partners are agents of the LLP only, not of each other.
- LLP Agreement: Contains mutual rights and responsibilities of partners and the LLP.
- Compromise or Arrangement: A restructuring option for the LLP.
- Conversion: Transforming an existing entity into an LLP.
- Common Seal: Not mandatory.
- Limited Liability: Partners' liability is limited to their capital contributions.
- Business for Profit Only: Not for non-profit objectives.
- Foreign LLPs: LLPs formed outside India.
- E-filing of Documents: Facilitates efficient document submission.
Definitions
- Address (Section 2(1)(a)):
- For individuals, the usual residential address.
- For corporations, the registered office address.
Other sections
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Section 6: Minimum number of partners (minimum 2, maximum no limit).
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Section 7: Designated Partner (DP) requirements (at least 2 individuals/bodies corporate as DPs, and at least 1 resident of India).
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Section 8: Liabilities of a DP.
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Section 9: Changes in DP (if any vacancy must be filled within 30 days with appointed DP).
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Section 11: Incorporation document requirements.
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Section 12: Incorporation by registration (Registrar of Companies).
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Section 13: Registered office of LLP and changes.
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Section 14: Effect of registration.
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Section 15: Name requirements (suffix ‘LLP’ or Limited Liability Partnership).
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Section 16: Reservation of name.
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Section 17: Rectification of LLP name.
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Section 22: Eligibility for partners.
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Section 23: Relationship of partners (mutual rights and duties).
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Section 24: Cessation of partnership interest.
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Section 25: Registration of any changes (name or address) to partners or LLP.
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Section 26: Partners as agents (partners act as agents of the LLP but not for one another).
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Section 27: Extent of liability of LLP (not responsible for partner's actions outside their power).
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Section 28: Extent of partner liability.
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Section 29: Holding out.
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Section 30: Unlimited liability in case of fraud (partners and LLP face unlimited liability).
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Section 31: Whistle blowing.
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Section 32: Form of contribution of partners.
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Section 33: Obligations of partners to contribute as per LLP agreement.
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Section 34: Maintenance of books of accounts.
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Section 34A: Auditing standards for LLP accounts.
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Section 35: Annual Return.
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Section 36: Inspection of the document by Registrar (access to documents).
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Section 37: Penalty for false statements in documents.
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Section 38: Power of Registrar(asking information from LLP officials).
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Section 39: Compounding of offences.
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Section 42: Transferable partnership interest.
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Section 58: Registration and effect of conversion (from firm, private company, or unlisted company).
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Section 59: Foreign LLPs (rules CG prescribed)
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Section 60: Compromise or arrangement (C/A) of LLP.
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Section 61: Power of Tribunal to enforce C/A.
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Section 62: Provisions for facilitating reconstruction.
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Section 63: Winding up and dissolution of LLP.
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Section 64: Circumstances for Tribunal initiated winding up.
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Section 66: Business transactions of a partner with the LLP.
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Section 67: Application of Companies Act provisions to LLP.
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Section 69: Payment of Additional Fee.
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Section 70: Enhanced Punishment.
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Comparison of LLP with Other Firms (e.g., Partnership Firms, Limited Companies)
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Description
Test your knowledge on the essential aspects of Limited Liability Partnerships (LLPs) with this quiz. Explore definitions, partner obligations, and specific conditions related to LLPs. Learn more about the Indian Partnership Act, and various regulations governing LLPs.