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Can LLP be formed for family business?

Legal Eligibility

• LLP Act 2008 permits any lawful business by two or more persons

• Family members can legally form an LLP as partners

• There is no restriction on relationship between partners

• Names and roles must be mentioned in the LLP agreement

• Must comply with all standard LLP incorporation rules

Advantages for Family Business

• Limited liability protects personal assets of family members

• Flexible management suits informal family decision-making

• Easier compliance than private limited companies

• No minimum capital requirement for forming LLP

• Perpetual succession ensures continuity across generations

Formation Process

• Minimum two partners required to register LLP

• Apply for DIN DSC and file incorporation forms on MCA portal

• Execute and file LLP agreement within 30 days of incorporation

• Use family-owned property or capital as contribution if agreed

• Register PAN TAN and open LLP bank account post-incorporation

Operational Flexibility

• Roles and profit-sharing can be customized in LLP agreement

• Decision-making can remain within the family group

• Partners can be added or removed as family evolves

• Family members can serve as both designated and regular partners

• Internal disputes can be handled with agreement clauses

Compliance Considerations

• Must file Form 8 and Form 11 annually with RoC

• Maintain proper accounts even for small-scale operations

• File income tax returns as per business profits

• Make sure contributions and roles are legally documented

• Treat it as a professional business entity despite family ties

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