All Professionals are  Under One Roof

Dedicated Support

500+ Positive Reviews

Client Satisfaction Guaranteed

Hello Auditor

Can an LLP be formed with only corporate partners?

Egalitarian Requirement of Partners

  • As per the Limited Liability Partnership Act, 2008, an LLP must have at least two partners.
  • These partners can be either individuals or bodies (like companies or LLPs).
  • However, there are specific rules concerning designated partners, which must be fulfilled regardless of the types of general partners.

Designated Partner Mandate

  • Every LLP must have at least two designated partners who are individuals.
  • At least one of these individuals must be a resident in India.
  • Body corporates cannot be designated partners directly.
  • If a body corporate wishes to act as a designated partner, it must nominate an individual to represent it.
  • The LLP will not be compliant if no individual is appointed as a designated partner.

Formation with Only Corporate Entities

  • An LLP cannot be formed with only corporate partners, unless they nominate individuals as designated partners.
  • These nominated individuals are responsible for regulatory compliance and legal duties.
  • Therefore, individual presence is mandatory at the level of the designated partnership.

Compliance Obligations

  • The nominated individuals must obtain a DPIN and a DSC and be registered with the Ministry of Corporate Affairs.
  • They must also sign and file incorporation documents and continue to ensure legal compliance.
  • Failure to appoint proper designated individuals may lead to rejection of LLP registration or penalties.
  • Even if all financial contributions and ownership are from corporate partners, individual oversight is legally enforced.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *