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G.S.R. 110(E) dated 11th February, 2022, has notified that the provisions of sections 90, 164, 165, 167, 206 (5), 207 (3), 252 and 439 of the Companies Act, 2013, shall apply to LLPs, except where the context otherwise requires, with the modifications as specified.
- Save as otherwise provided, the provisions of the Indian Partnership Act, 1932 (9 of 1932) shall not apply to a limited liability partnership. This section provides that the provisions of the Indian Partnership Act, 1932 shall not apply to an LLP.
All LLPs registered with the Ministry of Corporate Affairs need to file Annual Returns and Statement of Accounts for every Financial Year. It is mandatory for a LLP to file a return irrespective of whether it has done any business.
With its' members, the LLP should also create an operating agreement that details how the company is managed and what will happen under various circumstances.
It's not a legal requirement to enter into a limited liability partnership agreement and an LLP can be set up without one. However, it's a very common and generally sound recommendation that a new LLP puts a partnership agreement in place.
Yes, a LLP agreement is a mandatory document and should be adopted within 30 days of its incorporation and where the partners have not executed it, the first schedule of the LLP Act will be applicable.
Answer : Yes, a LLP agreement is a mandatory document and should be adopted within 30 days of its incorporation and where the partners have not executed it, the first schedule of the LLP Act will be applicable.
A limited liability partnership (LLP) is a partnership in which some or all partners (depending on the jurisdiction) have limited liabilities. It therefore can exhibit elements of partnerships and corporations. In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence.
Does LLP require MoA and AoA? No, the Memorandum of Association (MOA) and the Articles of Association (AOA) are important documents of a company registered under the Companies Act, 2013. The LLP agreement governs the LLP and not the MOA and AOA. Thus, an LLP does not have to draft the MOA and AOA.
To register an LLP in India, the following documents are required:PAN Card of the Partners.Address Proof of the Partners.Utility Bill of the proposed Registered Office of the LLP.No-Objection Certificate from the Landlord.Rental Agreement Copy between the LLP and the Landlord.