Publish: September 3, 2025
What is a Limited Liability Partnership?
Definition of Limited Liability Partnership
- A Limited Liability Partnership (LLP) is a legal business structure formed under the Limited Liability Partnership Act, 2008.
- It blends the characteristics of a traditional partnership and a corporate body.
- LLP is recognized as a separate legal entity from its partners.
- It is commonly adopted by professionals and small business entities.
- The LLP form ensures that the liability of partners is limited to their agreed contribution.
Legal Structure and Formation
- LLPs are governed by the Ministry of Corporate Affairs in India.
- Incorporation requires at least two designated partners.
- The LLP must be registered with the Registrar of Companies (RoC).
- A formal LLP agreement must be executed between partners.
- The structure offers flexibility in internal management and operations.
Characteristics of an LLP
- LLP enjoys perpetual succession regardless of changes in partners.
- It can own property and enter into contracts in its name.
- The liabilities of the LLP are not passed on to the partners beyond their contributions.
- It can sue or be sued in its name.
- Partners have the right to manage the business directly unless otherwise stated in the agreement.
Roles and Responsibilities of Partners
- Designated partners are responsible for regulatory and legal compliance.
- All partners share mutual rights and duties as specified in the LLP agreement.
- Partners are agents of the LLP but not of each other.
- They contribute capital or services based on the agreement terms.
- Removal, admission, or resignation of partners must follow due legal process.
Regulatory Requirements and Administration
- LLPs must file annual returns and statements of accounts with the RoC.
- Maintenance of proper books of accounts is mandatory.
- Compliance filings must be completed within prescribed deadlines.
- Any changes in the agreement or structure must be updated with the authorities.
- Failure to comply with regulatory norms may lead to penalties or dissolution.
0 Comments