Limited Liability Partnership(LLP) is defined as
partnership and registered under Limited Liability
Partnership(llp) Act in the
office of Registrar of Companies (ROC), India. LLP Registration is an alternative corporate business
form that gives the benefits of limited liability of a company and the
flexibility of a partners. The LLP can continue its existence irrespective of
changes in partners. It is capable of entering into contracts and holding
property in its own name. The LLP Firm is a
separate legal entity, is liable to the full extent of its assets but liability
of the partners is limited to their agreed contribution in the LLP. Further, no
partner is liable on account of the independent or un-authorized actions of
other partners, thus individual partners are shielded from joint liability
created by another partner’s wrongful business decisions or misconduct.
ADVANTAGE
- LLP
Firm shall be a body corporate and a legal entity
separate from its partners. It will have perpetual succession; like a
corporation.
- There shall not be
any upper limit on number of partners in an LLP Firm unlike an
ordinary partnership firm where the maximum number of partners can not
exceed 20 (10 in case of banking)
- While the LLP will
be a separate legal entity, liable to the full extent of its assets, the
liability of the partners would be limited to their agreed contribution to
the LLP. Further, no partner would be liable on account of independent or
unauthorized actions of other partners, thus allowing individual partners
to be shielded from joint liability created by another partners wrongful
business decisions or misconduct.
- The framework of LLP
is not restricted to professional services alone. Several business
activities can be undertaken using the LLP structure.
Easy
to Form: It is very easy to form LLP, as the
process is very simple as compared to Companies and does not involves much
formalities.
Liability: A LLP exists as a separate legal entity from its
partners. Both LLP and its partners are separate entities and both functions
separately. Liability for repayment of debts and lawsuits incurred by the LLP
lies on it and not on the partner. Any business with potential for lawsuits
should consider incorporation, it will offer an added layer of protection.
Perpetual
Succession: An incorporated LLP has perpetual
succession. Notwithstanding any changes in the partners of the LLP, the LLP
will be a same entity with the same privileges, immunities, estates and
possessions. The LLP shall continue to exist till its wound up in accordance
with the provisions of the relevant law.
Flexible
to Manage: LLP Act 2008 gives LLP the atmost
freedom to manage its own affairs. Partner can decide the way they want to run
and manage and put the same in form of terms and conditions in the LLP
Agreement . The LLP Act also in most cases provides that the said provision
will applicable, only in case nothing is provided in the LLP Agreement.
Easy
Transferable Ownership: It is
easier to become or leave the partnership of the LLP or otherwise it is easier
to transfer the ownership in accordance with the terms of the LLP Agreement.
Ceasing of old partners and coming of new partners , will automatically leads
to change in ownership of LLP.
Separate
Property: A LLP as legal entity is capable of
owning its funds and other properties. The LLP is the real person in which all
the property is vested and by which it is controlled, managed and disposed off.
The property of LLP is not the property of its partners.
Taxation: LLP is not required to pay surcharge on income tax.
Moreover , it is also not required to pay tax on profits distributed to
partners whereas Company is required to pay tax on dividend distributed to its
shareholders.
Raising
Money: Financing a small business like sole
proprietorship or partnership can be difficult at times. A LLP being a
regulated entity like company can attract finance from PE Investors, financial
institutions etc.
Capacity
to sue: As a juristic legal person, a LLP can
sue in its name and be sued by others. The partners are not liable to be sued
for dues against the LLP.
No
Mandatory Audit Requirement: In
LLP, only in case of business, where the annual turnover/contribution exceeds
Rs 40 Lacs/Rs 25 Lacs are required to get their account audited annually by a
chartered accountant. This provides great relief to small businessmen.
Partners
are not agent of other Partners: In
LLP, Partners unlike partnership are not agents of the partners and therefore
they are not liable for the individual act of other partners.
DOCUMENTS REQUIRED
DOCUMENTS REQUIRED FOR LLP COMPANY REGISTRATION:
- Self attested Copy
of PAN Card of all the proposed partners.
- Self attested Copy
of ADDRESS PROOF (Voter ID/DL/Passport/Aadhar Card)of
all the proposed partners.
- Self attested Copy
of Bank Account Statement/Electricity Bill/Mobile Bill of
all the proposed partners.
- Passport
Size 3 Photographs of all the proposed partners.
- Duly signed DSC
Form of all partners of the LLP.
- Copy
of current Electricity Bill/Water Bill/House Tax Etc
for the premises proposed to be used as
registered office of the LLP.
- If the Property is
Rented, then Rent Agreement and NoC from owner of
property.
Directors Detail:
- Educational Qualification of all the Partners.
- Profession/Occupation of all the Partners with area
of Operation
- Citizenship alongwith Residential Status of all the
Partners
- Place of Birth of all the Partners
- Permanent & Present Residential Status of
all the Partners
- Contact Numbers of all the Partners
- Email Ids of all the Partners
- Preference wise Proposed names of the LLP with Significance of the
name
- State in which LLP is to be registered.
- Capital Contribution of the Proposed LLP
- Main Object of the Proposed LLP
- Division of Contribution among the Partners.
- Number of Proposed Designated Partners & partners.
What you get
1.
Unique Designated Partnership Identification Number (DPIN) for Life
time.
3. Name
Approval
5. To
Have the Rubber
Stamp of the LLP
6. To
Apply for PAN Card of
the LLP.
7. To
Provide you the Proper Incorporation File
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