LLP

Conversion of Company into LLP

Company Law - Limited Liability Partnerships (LLP) are emerging ever since the introduction of the Companies Act, 2013 as it is a form of business entity, which allows individual partners to be free from the concept of joint liability of partners in a partnership firm. LLPs are preferred form of business as it is an alternative corporate business veh...

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One Person Company (OPC) And Annual Compliances

Company Law - OPC (ONE PERSON COMPANY) AS Per Section 2(62) of Companies Act 2013, OPC as A Company Which Has Only one person as a member. NATURE OF OPC OPC can only registered as a Private Company. Which means that all provisions Applicable to Private Company will be applicable to OPC . WHO CAN INCORPORATE OPC ? […]...

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Brief New Process of Limited Liability Partnership (LLP) Incorporation

Company Law - The Ministry of Corporate Affairs (MCA) of India notified revised rules for Incorporation of Limited Liability Partnership (LLPs) effective w.e.f 02nd October, 2018. The LLP (Second Amendment) Rules, 2018 introduced the revised procedure for incorporation of the LLPs and related e-forms. New Process of Incorporation of LLPs: 1. Introducti...

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Specimen of LLP Agreement

Company Law - Limited liability LLP Agreements mean any written agreement between the partners of the Limited Liability Partnership or between the Limited Liability Partnership and its partners which determines mutual rights and duties of the partners and their rights and duties in relation to that limited liability partnership [section 2(1)(0)]. It is...

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All about Contribution in Limited Liability Partnership (LLP)

Company Law - Form/Manner of Capital contribution As per the provisions of Section 32 of Limited Liability Partnership Act, 2008, contribution of a partner may consists of tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or...

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MCA Updates on eForm DIR-3 KYC & LLP Forms

Company Law - 1. Please be aware that the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the […]...

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Restricting on formation of LLP for manufacturing activities withdrawn: MCA

Company Law - Manufacturing & allied activities were restricted in LLPs vide OM No. CRC/LLP/e-Forms dated 06.03.2019. This OM invoking the restriction regarding manufacturing & allied activities has been withdrawn with immediate effect. In its OM MCA has earlier said that incorporation of LLPs and conversion into LLPs with the proposed business...

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MCA Restricting Manufacturing Businesses to form an LLP: ICSI

Company Law - It has been noticed that in recent times the manufacturing businesses are being restricted from incorporating as LLP on the ground that manufacturing activities does not fall under the definition of `Business' as per the Limited Liability Partnership Act, 2008.Similarly the conversion of private and unlisted companies into LLP has been re...

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Incorporation of LLP through a complete online system made a reality 

Company Law - Today, one can start business by incorporating a company through an on-line process without visiting any Government office. This was achieved in January, 2016 by establishing Central Registry Centre (CRC) for on-line incorporation of the company and reserving its unique name. ...

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Allow Benefit of presumptive taxation U/s. 44AD to LLP: ICAI

Company Law - Section 44AD relating to presumptive taxation applies only to businesses run by residents Individual, HUF and Firms excluding LLP. Tax on presumptive basis should be extended to all assessees, including a LLP. Only section 44AD excludes LLP, for which there appears to be no cogent reason. Otherwise under the Act, a LLP and a Firm are tre...

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Conversion of Private Limited company into LLP to be treated as transfer or not

ACIT Vs Celerity Power LLP (ITAT Mumbai) - Assessee LLP had failed to satisfy clause (e) of the proviso of Sec. 47(xiiib), therefore, the ‘transfer‘of the capital assets on the conversion of the private limited company into a LLP was to be regarded as a ‘transfer‘within the meaning of Sec. 45 and also, there was no occasion for invok...

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No legal bar on merger of an Indian LLP with an Indian Company

M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) - M/s. Real Image LLP  Vs  M/s. Qube Cinema Technologies Private Limited (NCLI) Legislative intention behind enacting both the LLP act 2008 and The Companies Act 2013 is to facilitate the ease of doing business and create a desirable business atmosphere for companies and LLPs. For this purpose, bo...

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LLP Conversion: Capital gain to be computed on book value

Aravali Polymers LLP Vs Joint Commissioner of Income Tax (ITAT Kolkata) - A perusal of the provisions of section 45 of the Income Tax Act shows the levy of capital gains to be on the profits or gains arising from the transfer of capital asset effected in the previous year. Admittedly, the erstwhile Company Aravali Polymers Pvt. Ltd....

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Object of LLP is Mainly for professional services & not for manufacturing activity: MCA

No. CRC/LLP/e-Forms - (06/03/2019) - It has been stated that 'object of LIP is Mainly for professional services and not manufacturing activity' Further, it has also been stated that 'conversion of company doing manufacturing activity into LLP should not be allowed' and other conversions of Company to LLP are not to be allowed easily an...

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Limited Liability Partnership (Second Amendment) Rules, 2018

G.S.R. (E) - (18/09/2018) - Central Government hereby makes the following rules further to amend the Limited Liability Partnership Rules, 2009, namely Limited Liability Partnership (Second Amendment) Rules, 2018....

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LLP Designated partners to Intimate Changes in DIN / DPIN Details

G.S.R. 557(E). - (12/06/2018) - Limited Liability Partnership (Amendment) Rules, 2018- Every individual who has been allotted a DPIN or DIN under these rules, shall in the event of any change in his particulars, make an application in Form DIR-6 under Companies (Appointment and Qualifications of Directors) Rules, 2014 to intimate ...

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MCA proposes to strike off the name of 1171 LLPs (Read List)

Public Notice No. ROC-DELHI / LLP/SM/PHASE-II/2385 - (30/06/2018) - Registrar has a reasonable cause to believe that following 1171 LLPs have not been carrying on any business or operation for a period of two immediately preceding financial years....

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ROC Gwalior proposes to striking off of names of 70 LLPs (List Attached)

Public Notice No. RoC/Gwalior/LLP/Sec.75/ 4286 - (31/07/2017) - Notice is hereby given that the Registrar of Gwalior, (MP) has a reasonable cause to believe that That the following LLPs in List' A "(List of 70 Nos. of LLP) have not been carrying on any business or operation for a period of two immediately preceding financial years."...

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Recent Posts in "LLP"

MCA Updates on eForm DIR-3 KYC & LLP Forms

1. Please be aware that the Companies (Appointment and Qualification of Directors) Third Amendment Rules, 2019 have been notified w.e.f 25th July 2019. As per the said notification: i) eForm DIR-3 KYC is to be filed by an individual who holds DIN and is filing his KYC details for the first time or by the […]...

Read More
Posted Under: Corporate Law |

Conversion of Company into LLP

Limited Liability Partnerships (LLP) are emerging ever since the introduction of the Companies Act, 2013 as it is a form of business entity, which allows individual partners to be free from the concept of joint liability of partners in a partnership firm. LLPs are preferred form of business as it is an alternative corporate business veh...

Read More
Posted Under: Corporate Law |

One Person Company (OPC) And Annual Compliances

OPC (ONE PERSON COMPANY) AS Per Section 2(62) of Companies Act 2013, OPC as A Company Which Has Only one person as a member. NATURE OF OPC OPC can only registered as a Private Company. Which means that all provisions Applicable to Private Company will be applicable to OPC . WHO CAN INCORPORATE OPC ? […]...

Read More
Posted Under: Corporate Law |

Brief New Process of Limited Liability Partnership (LLP) Incorporation

The Ministry of Corporate Affairs (MCA) of India notified revised rules for Incorporation of Limited Liability Partnership (LLPs) effective w.e.f 02nd October, 2018. The LLP (Second Amendment) Rules, 2018 introduced the revised procedure for incorporation of the LLPs and related e-forms. New Process of Incorporation of LLPs: 1. Introducti...

Read More
Posted Under: Corporate Law |

Specimen of LLP Agreement

Limited liability LLP Agreements mean any written agreement between the partners of the Limited Liability Partnership or between the Limited Liability Partnership and its partners which determines mutual rights and duties of the partners and their rights and duties in relation to that limited liability partnership [section 2(1)(0)]. It is...

Read More
Posted Under: Corporate Law |

All about Contribution in Limited Liability Partnership (LLP)

Form/Manner of Capital contribution As per the provisions of Section 32 of Limited Liability Partnership Act, 2008, contribution of a partner may consists of tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or...

Read More
Posted Under: Corporate Law |

FDI in LLP

There are many questions which arise in our mind in relation to FDI in LLP such as: -Who are the Eligible Investors? -What are the Eligible Investments? -Are all LLPs eligible for FDI? -How the investors will transfer the funds in the LLP and how the valuation will be done? -Last but not least, Reporting […]...

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Posted Under: Corporate Law |

Why Company or LLP over Sole Proprietors Firm

Many entrepreneurs start their businesses as a sole proprietorship due to low compliance requirements. However, as a business grows, it needs change, and the owner may need enhanced protection for his personal assets from business obligations and liabilities as well as a better vehicle to attract investors. As a result, you may need to co...

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Posted Under: Corporate Law |

Difference between Partnership Firm, LLP and Company

Before starting our business, a businessman first thinks about how he/ she can start the business. The nature and complexity involved in different business formation are different. Hence the businessman has to choose the nature very carefully by thinking about the nature of business/profession, going concern analysis, brand image, area of...

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Posted Under: Corporate Law |

Modes of Winding Up of LLP [Section 63]

Limited Liability Partnership may be wound up in the following ways: 1. Voluntary Winding up 2. Insolvency and Bankruptcy Code (IBC), 2016: Though this code pro- vides steps for restructuring and revival of Corporate Debtor (LLP) yet under certain circumstances NCLT can pass order for liquidation of LLP. Therefore, it is included under th...

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Posted Under: Corporate Law |

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