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Showing posts with label Limited liability partnership. Show all posts
Showing posts with label Limited liability partnership. Show all posts

Limited Liability Partnership Rules

Written By Views maker on Tuesday, August 23, 2011 | 6:14 AM

The Limited Liability Partnership Rules, 2009 were notified on 01.04.2009. As on 08-08-2011, 5883 LLPs are registered all over India.

The Limited Liability Partnership (LLP) is an alternative corporate business vehicle that provides the benefits of limited liability but allows its members the flexibility of organizing their internal structure as a partnership based on a mutually arrived agreement.

The salient features of LLP Act, 2008, inter alia, are as follows:

1. It is a body corporate with separate legal entity from its partners. The mutual rights and duties of the partners of an LLP are governed by LLP Agreement.

2. LLP is liable to the extent of its assets. Partner’s liability is limited to the extent of agreed contribution (capital) in the LLP Agreement.

3. No partner is liable on account of the independent or unauthorized action of other partners or for their misconduct.

4. Every LLP should have at least two partners with at least two individuals as “designated partners”, of whom at least one must be resident in India. Only designated partners are responsible for compliance with the Act.

5. A firm, private company or an unlisted public company can be converted into LLP.

6. The Act empowers Central Government to apply provisions of the Companies Act, 1956 as appropriate, by notification with such changes as deemed necessary, in the LLP Act, 2008.

7. The winding up of LLP is either voluntary or by the High Court.

(d) The number of firms converted to the LLP during the last three years, state-wise is as per annexure attached.

This information was given by the Minister of State in the Ministry of Corporate Affairs Shri R.P.N. Singh today in the Lok Sabha in reply to a written question whether the Limited Liability Partnership Rules (LLPR) is functional in the country, the details of its goals and salient features; and the number of firms converted to the LLPR during the last three years, state-wise?

*****

ST/-

Annexure

The number of firms converted to LLP during the last three years, state-wise is as under:

Sl. No.

Name of States

1st year (2009-10)

2nd year (2010-11)

Current year

01-04-2011

to

08-08-2011

Total

1

Andhra Pradesh

--

02

--

02

2

Assam

--

--

--

--

3

Bihar

--

--

--

--

4

Chandigarh

--

--

--

--

5

Chattisgarh

--

--

--

--

6

Delhi

06

07

02

15

7

Goa

--

02

--

02

8

Gujarat

01

03

--

04

9

Haryana

--

01

--

01

10

Himachal Pradesh

--

--

--

--

11

Jammu & Kashmir

--

--

--

--

12

Jharkhand

--

--

01

01

13

Karnataka

02

04

01

07

14

Kerala

--

--

--

--

15

Madhya Pradesh

--

--

--

--

16

Maharashtra

01

11

04

16

17

Manipur

--

--

--

--

18

Meghalaya

--

--

--

--

19

Orissa

--

--

--

--

20

Punjab

--

--

--

--

21

Pondicherry

--

--

--

--

22

Rajasthan

--

--

--

--

23

Tamil Nadu

--

02

03

05

24

Tripura

--

--

--

--

25

Uttar Pradesh

--

01

--

01

26

Uttaranchal

--

--

--

--

27

West Bengal

--

01

02

03

Grand Total

10

34

13

57

(Release ID :74737)

6:14 AM | 0 comments

Limited Liability Partnership Rules, 2009 (Amendment) Rules, 2011

Written By Views maker on Thursday, July 7, 2011 | 7:51 AM

Ministry of Corporate Affairs 

Notification

New Delhi the 5th July, 2011

G.S.R. …………………… (E). – In exercise of the powers conferred by sub-section (1) and (2) of section 79 of the Limited Liability Partnership Act, 2008 (6 of 2009), the Central Government hereby makes the following rules, further to amend the Limited Liability Partnership Rules, 2009 namely:-

1. Short title and commencement

(1)   These rules may be called the Limited Liability Partnership Rules, 2009 (Amendment) Rules, 2011.

(2)   They shall come into force with effect from 91h July, 2011.

2. For rule 2, sub-rule (1), para (iv), following shall he substituted:-

“Designated Partnership Identification Number (DPIN) means an identification number which the Central Government may allot to any individual, intending to be appointed as designated partner of a Limited Liability Partnership for the purpose of his identification as such, and includes Directors Identification Number (DIN) issued under sections 266A, 266B and 266E of the Companies Act, 1956 and rules made thereunder.”

3. For rule 10, the following shall be substituted:-

“10 (1) Every individual, who is intending to be appointed as designated partner of a limited liability partnership, shall make an application electronically in Form DIN-1 under Companies (Director Identification Number) Rules, 2006 to the Central Government for obtaining DPIN under Limited Liability Partnership Act, 2008 and such DIN shall be sufficient for being appointed as designated partner under Limited Liability Partnership Act, 2008.

10(2) If a person holds both DIN and DPIN, his DPIN shall stand cancelled and DIN shall be sufficient for being appointed as Designated Partner under Limited Liability Partnership Act, 2008.”

10(3) Every designated partner, shall intimate his consent to become a designated partner to the limited liability partnership and DPIN, in Form 9 and the LLP shall intimate such DPIN to Registrar on Form 4.

10(4)(i) Every designated partner, who has been allotted DPIN under these rules, shall in the event of any change in particulars of as stated in erstwhile Form 7 or DIN-1, as the case may he, shall intimate such change(s) to the Central Government within 30 days of such change(s) in Form DIN-4 under Companies (Director Identification Number) Rules, 2006.

( ii) The concerned designated partner shall fill-in the relevant changes to the limited liability partnership(s) on which he is a designated partner within 30 days of such changes.

4. The Form 7 and 10 shall stand deleted.

[F No 2/1/201 l-CL.V]

Avinash K. Srivastava, Joint Secretary

Note:- The Principal notification was published vide number G.S.R. 229(E) dated the 18` April, 2009 and last amended vide G.S.R. 914 (E) dated the 15.11.2010.

7:51 AM | 0 comments

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