Book Description

The Limited Liability Partnership were introduced in India vide the Limited Liability Partnership Act, 2008. LLP has combined the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost. Limited Liability Partnership Law effective from 1st April 2009 is a new business vehicle that provides the benefits of limited liability of a company but allows its partners the flexibility of organizing their internal management on the basis of a mutually arrived agreement. The new concept of LLP is gaining strength in India. Procedures for LLP compliance have changed since 2009. Taxation of LLP has been made clear by the provisions made in the Income-tax Act, 1961 through the Finance (No 2) Act 2009 and Finance Act, 2010. An attempt has been made in this book to analyze the provisions of Limited Liability Partnership Act, Rules and its taxation keeping in mind the practical difficulties, which a business entity/professional could face while adhering to the provisions contained in laws. Tables, charts and examples have been used sparingly to make the provisions understand easily. Book would be immensely useful for Company Secretaries, Law professionals, Chartered Accountants and everyone concerned with formation, incorporation, conversion, administration & management, accounting & audit and taxation of a LLP. Section I - General 1......... Objects and Reasons for Limited Liability Partnership 2......... Miscellaneous 3......... Limited Liability Partnership background in India 4......... Salient features of Limited Liability Partnership 5......... Meaning and nature of Limited Liability Partnership 6......... Importance of LLP after Companies Act, 2013 Section II - Incorporation 7......... Incorporation of Limited Liability Partnership 8......... Miscellaneous 9......... Registered office/other office of a LLP and its change 10....... Limited Liability Partnership Agreements 11....... Partners of Limited Liability Partnership 12....... Number of Partners in Limited Liability Partnership 13....... Designated Partners Section III - Conversion 14....... Conversion of partnership firm into LLP 15....... Conversion of Private Company into LLP 16....... Conversion of unlisted Public Company into LLP 17....... Conversion of Professional Firms into LLP 18....... Conversion of LLP into Company Section IV - Administration and Management 19....... Contribution 20....... Foreign Direct Investment (FDI) in LLP 21....... Extent of Liability 22....... Investigation 23....... Compromise, Arrangement or Reconstruction Section V - Accounts and Audit 24....... Accounts and Returns 25....... Applicability of Accounting Standards 26....... Assignment and transfer of partnership rights 27....... Destruction of old records 28....... Electronic filing of documents 29....... Forms to be certified by professionals 30....... Audit of LLP Section VI - Taxation 31....... Basic taxation aspects of LLP 32....... Residential status of LLP 33....... Tax rates of LLP 34....... Remuneration to partners 35....... Interest on partners' contribution 36....... Taxation of introduction and withdrawal of capital assets by partners 37....... Computation of taxable income of Limited Liability Partnership 38....... Taxation of conversion of Firms into Limited Liability Partnership 39....... Taxation of conversion of Companies into Limited Liability Partnership 40....... Taxation of Conversion of Limited Liability Partnership into Company 41....... Taxability of amounts received by partners from Limited Liability Partnership 42....... Liability of partners for tax dues in case of liquidation 43....... Other tax compliances Section VII - Winding up & Dissolution 44....... Winding up and Dissolution Section VIII - Miscellaneous 45....... Payment of Fees 46....... Penalties and prosecution 47....... Other matters related to LLP 48....... Forms under LLP laws 49....... Foreign Limited Liability Partnerships 50....... Comparison of Limited Liability Partnership with Firm 51....... Simultaneous comparison of Limited Liability Partnership with Company and Partnership firm Section IX - AnnexuresAnnexure 1... Draft Limited Liability Partnership Agreement - 1 Annexure 2... Draft LLP Agreement - 2 (As per Section 23(4) of LLP Act, 2008) Annexure 3... Draft Limited Liability Partnership Agreement - 3 Annexure 4... Draft Limited Liability Partnership Agreement - 4 Annexure 5... Draft Limited Liability Partnership Agreement - 5 Annexure 6... Draft Limited Liability Partnership Agreement - 6 Annexure 7... Draft Limited Liability Partnership Agreement - 7 Annexure 8... Draft Limited Liability Partnership Agreement - 8 Annexure 9... Draft Limited Liability Partnership Agreement - 9 Annexure 10. Supplementary Limited Liability Partnership Agreement