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Registration of Limited Liability Partnerships (LLPs) in India

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divya laxmi
Registration of Limited Liability Partnerships (LLPs) in India

The Limited Liability Partnership (LLP) has become a popular form of organization among entrepreneurs since it combines the benefits of both partnership and corporation.


In 2008, the concept of the Limited Liability Partnership (LLP) was introduced in India. LLPs combine the characteristics of a partnership firm and a corporation. LLPs in India are governed by the Limited Liability Partnership Act, 2008. An LLP must have a minimum of two partners. As far as the maximum number of partners of an LLP is concerned, there is no limit.


At least two of the partners must be individuals, and at least one should be a resident of India. An LLP agreement governs the rights and duties of designated partners. All provisions of the LLP Act, 2008 and the LLP agreement must be complied with by them.


LLP features


  • Like companies, it has a separate legal entity.
  • A partner's liability is limited to his or her contribution.
  • LLPs are inexpensive to form.
  • There are fewer regulations and compliance requirements.
  • There is no requirement for a minimum capital contribution.


Incorporating an LLP requires at least two partners. An LLP can have as many partners as it wants. At least two of the partners should be individuals, and at least one of them should be residents in India.


LLP agreements govern the rights and duties of designated partners. All LLP Act 2008 provisions and provisions specified in the LLP agreement must be followed by them directly.


You must register your Limited Liability Partnership under the Limited Liability Partnership Act 2008, if you want to start a business with one.


LLP Advantages


Entity with its own legal status


LLPs are separate legal entities, just like companies. LLPs are separate from their partners. LLPs can sue and be sued in their own names. It helps to gain the trust of various stakeholders by signing contracts in the name of the LLP, which gives customers and suppliers confidence in the company.


Partners are limited in their liability


limited liability partnership in India applies to the partners of an LLP. Partners are only liable for their contributions. In other words, they are only liable for their contributions and are not personally liable for any losses the business suffers. At the time of winding up, only the LLP assets are responsible for paying off the debts of an insolvent LLP. Due to their lack of personal liabilities, the partners can operate as credible businessmen.


Less compliance and lower costs 


Incorporating a public or private limited company is more expensive than forming an LLP.be followed by the LLP is also low. There are only two statements that LLPs need to file annually: an Accounts and Solvency Statement and an Annual Return.


Minimum capital contribution is not required


LLPs can be formed without a minimum capital requirement. A minimum paid-up capital is not required before incorporation. A partnership can be formed with any amount of capital contributed by its partners.


LLP Disadvantages


Non-compliance penalty


LLP must follow minimal compliance requirements. A heavy penalty will be imposed if these compliances are not completed on time. LLPs must file annual returns with the Ministry of Corporate Affairs (MCA) even if they have no activities in the year. A heavy penalty will be imposed on the LLP if it fails to file its returns.


LLP dissolution and winding up


An LLP must have at least two partners. The LLP will be dissolved if the minimum number of partners is below two for six months. It may be dissolved if the LLP is unable to pay its debts. 


Raising capital is difficult 


LLPs do not have equity or shareholders like corporations. Shareholders of an LLP cannot be angel investors or venture capitalists. As partners in the LLP, the shareholders must assume all the responsibilities of a partner. Due to this, angel investors and venture capitalists prefer to invest in companies rather than LLPs, making raising capital difficult for them.

 




 










 




 




















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