Publish: September 3, 2025
What is the legal status of an LLP?
Separate Legal Entity
- An LLP is recognized as a separate legal entity distinct from its partners.
- It can own, hold, and transfer assets in its name.
- The LLP can enter into contracts and legal agreements independently.y
- It can sue and be sued in its name.
- The identity of the LLP is not affected by changes in partners.
Incorporation under Law
- LLPs in India are formed under the Limited Liability Partnership Act, 2008
- Incorporation is completed by registering with the Registrar of Companies.
- Upon incorporation, the LLP receives a Certificate of Incorporation from the Ministry of Corporate Affairs.
- The LLP is governed by the provisions of the LLP Act and its internal LLP agreement.
- The legal existence of an LLP begins from the date of incorporation.n
Limited Liability of Partners
- Partners in an LLP have liability limited to their agreed capital contributions.
- They are not personally liable for the LLP’s debts or actions.
- Personal assets of partners are protected under normal business conditions.s
- Liability arises only in cases of fraud, misconduct, or wrongful acts by a partner er.
- Each partner is an agent of the LLP, not of other partners.
Perpetual Succession
- The LLP continues to exist regardless of changes in its partnership.
- Admission, resignation, death, or insolvency of a partner does not affect the LLP’s status.
- Legal existence is maintained unless formally dissolved as per law.
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- Continuity supports business stability and long-term operation.s
- The LLP’s obligations and rights remain intact through partner changes.
Recognition and Regulation
- The LLP is a recognized legal business form for professionals and businesses.s
- It is regulated by the Ministry of Corporate Affairs and is subject to statutory filings.
- The Registrar of Companies maintains the legal records of every L.L.P..
- It must comply with registration, filing, and reporting standards prescribed by law.
- Its legal status ensures credibility and accountability under the Indian legal system.
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