ABC Solutions LLP is registered under the Limited Liability Partnership Act, 2008. The LLP has engaged you as its adviser to advise on various matters. As a Practicing Company Secretary, advise ABC Solutions LLP on the f

CS Executive · Setting up of Business Entities and Closure · PYQS · June 2024
ABC Solutions LLP is registered under the Limited Liability Partnership Act, 2008. The LLP has engaged you as its adviser to advise on various matters. As a Practicing Company Secretary, advise ABC Solutions LLP on the following matters : (a) Can all the partners of LLP be the bodies corporate ? (b) Can all the designated partners of LLP be the foreign nationals ? (c) Minimum number of designated partners required in LLP. (d) Form for intimation of changes in LLP agreement.

Answer & Explanation:

As per Section 7(1) of the LLP Act, 2008 Limited liability partnership may have all the partners as bodies corporate. However, at least two individuals who are partners of such limited liability partnership or nominees of such bodies corporate shall act as designated partners. As per Section 7(1) of the LLP Act, 2008, every limited liability partnership shall have at least two designated partners who are individuals and at least one of them shall be a resident in India. The term "resident in India" means a person who has stayed in India for a period of not less than one hundred and twenty days during the financial year. Therefore, all the designated partners of LLP cannot be the foreign nationals. As per Section 7(1) of the LLP Act, 2008 every limited liability partnership shall have at least two designated partners who are individuals and at least one of them shall be a resident in India. As per Rule 21(1) of the LLP Rules, 2009 indicates that that any change made in the limited liability partnership agreement shall be filed in Form 3 within thirty days of such change along with the fee as provided in Annexure 'A'.

Topics: Limited Liability Partnership (LLP)

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