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Hello Auditor

What are the duties of partners in an LLP?

Duty to Act in Good Faith

  • Partners must act in good faith and with integrity in all LLP matters
  • They are expected to work in the best interest of the LLP and its partners
  • Personal interest should not override collective business goals
  • Ethical conduct is essential in both internal and external dealings
  • Partners should avoid behavior that may harm the reputation or stability of the LLP

Duty to Disclose and Inform

  • Partners must fully disclose material facts that affect LLP operations
  • Any potential conflict of interest must be promptly reported to other partners
  • They are required to share important information related to business decisions
  • Transparency in communication is vital to maintaining trust and cooperation
  • Failure to disclose relevant facts may result in legal consequences or disputes

Duty to Maintain Confidentiality

  • Partners must not disclose confidential business information to outsiders
  • This duty continues even after a partner exits the LLP
  • Confidentiality covers financial data, client lists, internal strategies, and other proprietary information
  • The LLP Agreement may further define specific confidentiality clauses
  • Any unauthorized sharing of information is considered a breach of duty

Duty to Contribute and Perform

  • Partners must contribute capital or services as agreed in the LLP Agreement
  • They must fulfill their roles and carry out assigned responsibilities
  • Failure to perform may affect profit sharing or lead to legal action
  • Partners should act with reasonable care, skill, and diligence
  • The LLP relies on the individual commitment of each partner for smooth functioning

Duty to Comply with the Law

  • Partners must ensure compliance with all applicable laws and regulations
  • Designated partners have additional responsibilities for filings and statutory disclosures
  • They must help maintain books of account, file returns, and meet tax obligations
  • Partners must follow provisions under the LLP Act and LLP Agreement
  • Non-compliance can lead to penalties, disqualification, or legal liabilities

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