Emerging Concepts & Unique Characteristics Of LLP That You Need To Know

Defining LLP

LLP is the organization’s form, which offers the benefits and flexibility to the partnership and the limited liability to the company based on the mutually agreed agreement.  LLP is an incorporated, formulated and registered under the LLP (limited liability partnership), act 2008 with the perpetual succession and limited liability.

It is remarkable to consider that the provisions of the Indian partnership act, 1932 will not apply to the businesses looking for LLP company registration in India. 

Unique features betwixt LLP and the partnership.

Here are some of the salient characteristics of the LLP (limited liability partnership).

LLP (limited liability partnership) is a corporate body and a legal entity distinct from its partners. Any two or more individuals associated with conducting a lawful business with a view in mind to share the profit might by subscribing their name to the incorporation document and submitting the same with the registrar can form the LLP (limited liability partnership).

LLP (limited liability partnership) has perpetual succession.

LLP agreement – it is an essential document in the LLP (limited liability partnership) such as AoA and MoA in the case of a company. The partners’ mutual duties and rights about the firm are determined in the LLP agreement. If there is no such agreement, then partners’ mutual rights will be determined by the provisions of the LLP act, 2008.

Partners – there has to be a minimum of two partners. There is no upper limit to the number of partners in the LLP (limited liability partnership).

Responsibilities of the partners – no partner will be personally liable either directly or indirectly for the acts of the LLP (limited liability partnership) and the other partners of the LLP (limited liability partnership).

Designated partners – any individual can become the partners in the LLP under LLPA. Every LLP (limited liability partnership) should at least have two partners as designated partners, and at least one of them has to be an Indian resident. Every designated partner should acquire DIN. The designated partner will be responsible for complying with provisions of the act; otherwise, he/she will be liable to all penalties imposed on the LLP (limited liability partnership) for infringement of provisions of the act.

Maintaining the books of account – every LLP should keep the books of account that are enough to show and explicate its transactions. It should have particulars of all sums of money received and expended, assets and liabilities, records concerning income and expenditure, inventories, statements of cost of goods purchased, work in progress and cost of goods sold. It has to be preserved for eight years from the date on which they are prepped. Every LLP is obliged to submit a statement of account and statement of solvency within one month from the end of six months of the previous year to which such statements relate.

LLP audit – LLP whose turnover is more than Rs. Forty lacs or contribution beyond Rs. Twenty-five lacs are obliged to fulfill audit requirements for an LLP.

Submitting annual returns – every LLP is obliged to submit an annual return along with a certificate from a practicing company secretary to the effect that he/she has examined and verified all the particulars from books or records of the LLP. Where LLP’s turnover is more than Rs. 5 crores or contribution beyond Rs. Fifty lacs then the annual return has to be accompanied by a certificate from a designated partner other than the signatory of annual return.

Even though LLP is a new concept, it is very suitable for most businesses in the market. That’s why you should take advice from professionals before going through it.