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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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