Komoto Corporation is a foreign company registered in Japan. The company is supplying high quality machines and tools used in paper manufacturing to various countries across the globe. Considering the pro-business polici
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
Komoto Corporation is a foreign company registered in Japan. The company is supplying high quality machines and tools used in paper manufacturing to various countries across the globe. Considering the pro-business policies of Government of India, the company intends to start a Special Purpose Vehicle (SPV) in India. The company approaches you to seek your advice on key advantages of using a Limited Liability Partnership (LLP) firm as SPV as compared to a company. As a Practicing Company Secretary, advise Komoto Corporation.
Answer & Explanation:
Key advantages of using an Limited Liability Partnership (LLP) firm as an Special Purpose Vehicle (SPV) as compared to a company are as follows: Low cost of incorporation of an LLP; Flexibility of rules of management and governance based on Agreement between the contracting Partners; Partners can be companies while management is run by Designated Partners who are individuals. By this, there is separation between ownership and management; Low annual maintenance cost; There may not be any necessity of getting the accounts audited before the project takes off; An LLP firm does not have to pay Dividend Distribution Tax (DDT) on share of profits transferred to the Partners, which makes it tax efficient; Voluntary winding of an LLP firm which has no creditors is very easy and can be done without intervention of any court or tribunal; Investment in LLP Firms is permitted only in sectors in which 100% FDI is permitted through automatic route without any performance linked conditions. Accordingly, Komoto Corporation is advised.
Topics: Limited Liability Partnership (LLP)
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