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Perks & Benefits of Incorporating a LLP
Much like a company, an LLP maintains a distinct legal identity. It operates independently of its partners. The registered LLP is treated as a separate person. Because of this contracts are executed under the LLP’s name creating trust among various stakeholders.
In an LLP, partners benefit from limited liability. This implies that partners are responsible only for the amount they have invested. In the event of insolvency or winding up, partners need not settle debts from their personal assets, only the assets of the LLP are utilised to settle debts.
The cost of registration and incorporation of a Limited Liability Partnership is quite low in comparison to the cost of incorporating a public or private limited company. The compliance burden is also minimal, with the LLP required to file only two statements annually— the Annual Return and the Statement of Accounts and Solvency.
There is no minimum capital requirement to register a Limited Liability Partnership. The partners can decide to incorporate a Limited Liability Partnership with any amount of capital.
In a Partnership Business, there is a maximum limit of the number of partners. However, in the case of LLP there is no ceiling limit on the number of partners. There must be at least 2 Designated Partners.
LLP combines the advantages of a Private limited company and a partnership firm and eliminates the disadvantages of both.
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Frequently Asked Questions
Yes, LLPs are required to file their annual income tax return irrespective of profit or loss. The LLP’s income tax return (ITR) must be filed electronically using the prescribed forms and within the due dates specified by the tax authorities.
A partner can be removed from an LLP by following the procedures specified in the LLP Agreement. Generally, this involves obtaining the consent of other partners, executing necessary documentation, updating the LLP agreement, and notifying the concerned authorities.
There is no minimum capital requirement for LLP registration online. LLPs can be registered with any amount of capital as decided by the partners. The partners contribute capital in the form of money, property, or other tangible/intangible assets.
The choice between an LLP and a Private Limited Company (Pvt Ltd) depends on various factors like the nature of business, long-term goals, funding requirements, tax implications, compliance preferences, and more. It is advisable to consult a professional to determine the best option for specific circumstances.
Yes, LLPs are registered with the Registrar of Companies (ROC) in the respective state where the LLP’s registered office is located. The ROC maintains the official records and documents related to the LLP’s incorporation, compliance, and changes in its structure.
LLPs are required to have their accounts audited if they meet certain financial thresholds. According to Section 34(4) of the LLP Act 2008 and Rule 24 of LLP Rules 2009, if an LLP’s turnover exceeds ₹40 lakh or its contribution exceeds ₹25 lakh in any financial year, it must get its accounts audited.