Business Law Presentaion

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BUSINESS LAW

PRESENTAION

TOPIC : LIMITED LIABILTY PARTNERSHIP; MEANING, FEATURES AND FORMATION

SEJAL NAKRA
279/19
BCOM LLB
SECTION E
INTRODUCTION

• Naresh Chandra Committee Report floated the idea of the introduction of LLP which, it
described, in a legal perspective, as a hybrid between a company and a partnership, but
much closer to the private company form.
• The two primary considerations advanced by the Naresh Chandra Committee for the
introduction of LLPs in India are the “risk factor” advantage associated with such an
enterprise and the enhanced global competitive advantage an LLP vehicle will offer to
Indian professionals like lawyers, accountants, doctors, architects, and company
secretaries.
•The Lok Sabha passed the Limited Liability Partnership Bill on 13 December 2008
thereafter it received the assent of the President on 7 January 2009 and thereby it has
received legal status as Limited Liability Partnership Act, 2008.
• The act came into force by way of notification dated 31st march 2009.
WHAT IS LIMITED LIABILITY
PARTNERSHIP?

•The Limited Liability Partnership Act was passed by the Parliament of India in the
year 2008 for governing the LLP businesses in the country. The Section 2 1 of this
law states that the LLP is a type of partnership which is registered under this act.
•A limited liability partnership (LLP) is a formal partnership between at least two
business partners. Each business partner is provided with limited liability, which
means they aren’t fully responsible for the business’ debts or liabilities. Partners in
an LLP aren’t liable for the negligent acts or malpractice of a single partner, each
partner is accountable for their own negligence.
• Hence we can say that, LLP means a body corporate and a legal entity separate
from its partners.
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FEATURES OF
LIMITED
LIABILTY
PARTNERSHIP
DESIGNATED PARTNER • WHO CAN BE A DESIGNATED PARTNER IN LLP?

• Designated partners can only be individuals. Among the

members of a Limited Liability Partnership, two or more

partners can be designated as a Designated Partner. In all LLP,

atleast one of the Designated Partner must be an Indian


Designated Partners is a concept Resident.
introduced by the Limited Liability
• Designated Partners” shall also be accountable for
Partnership Act, 2008. Designated
regulatory and legal compliances, besides their liability as
Partners are similar to
Directors of a Private Limited C ‘partners, per-se. There must be two designated partners‟ who
ompany are individuals and at least one of them should be a resident in
. A Designated Partner in a LLP India. If a body corporate is the partner of an LLP, it can
when compared to the Director of nominate an individual as a designated partner. Every
a Company, enjoy more rights and
designated partner needs to obtain Designated Partner
priviledges. In this article, we look
Identification Number (DPIN) from the Central Government.
at the rights, responsibilies and
privileges of a Designated Partner The designated partners are responsible for all compliances as

in detail. required under the LLP Act and are liable to a penalty for

contravention of those provisions.


FORMATION OF LLP
KEY DIFFERENCE BETWEEN LLP &
PARTNERSHI P

• LLP is a separate legal entity and therefore, can be sued or it can sue others without involving the
partners. A partnership firm is not distinct from the several persons who compose it.
• The partners of an LLP would have limited liability i.e., they would not be liable beyond the money
contributed by them. Whereas, partners of a firm would have unlimited liability.
• The retirement or death of a partner would not dissolve the LLP. On the other hand, the death or
retirement of a partner would dissolve the partnership firm.
• In a partnership, the property of the firm is the property of the individuals comprising it. In an LLP, it
belongs to the LLP and not to the individuals comprising it.
• Whereas a partnership can be formed either orally or by a deed of agreement whether registered
or not, LLP is formed by an incorporation document and an LLP agreement, thus, giving it a
legality.
• Whereas a registered or unregistered partnership cannot have more than 20 partners, LLP can
have more than that number since no upper limit has been laid down by the Act.
• An LLP has perpetual succession, i.e., the death or insolvency of a shareholder or all of them does
not affect the life of the LLP, whereas the death or insolvency of a partner dissolves the firm, unless
otherwise provided.
THANK YOU

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