More than 7,200 start-ups came up just in India within the year 2018. This big number is enough to justify the rationale for growing LLP companies and their registrations. Not just, even before hu 2018, there was a rise of 55% within the LLP registration. A serious number of start-ups prefer to opt for indebtedness Partnerships due to their benefits for the small- scale businesses.
What exactly is LLP?
LLP stands for indebtedness Partnership, which came into action under the financial obligation Partnership Act, 2008. As per the terms, LLP is largely a partnership during which the partners who are involved have limited liabilities. The partners have the liberty and adaptability to arrange themselves and their companies internally. one of its major benefits is that the Partners aren’t accountable for the actions and misconduct of every other.
Features and Benefits of LLP:
• There is not any concept of Minimum Capital Contribution.
• Partners and LLP are two separate things and even have separate entities legally.
• The benefits and features of LLP are utilized by any start-up or organization without being restricted just to a specific class of execs.
• The LLP can easily be formed and has low costs.
• The partners of the corporation aren’t liable for each other’s actions.
• As compared to other forms of companies and businesses, LLPs have limited and fewer restrictions. Disadvantages of LLP:
• The only disadvantage is that cash can’t be raised through LLPs.
• Also, within the case of massive and Pvt. Ltd. Companies, investors and larger ventures partner with them, but it doesn’t happen in the case of LLP.
Difference between financial obligation Partnerships, Traditional Partnership Firm, and companies:
In the case of a financial obligation Partnership, there are not any limits for the partners and also the partners also are not to blame for misconducting each other. The LLP has less number of regulations and restrictions.
While within the case of a Traditional Partnership, the partners are completely answerable for each other’s acts. And, within the case of companies, there are lots of rules and regulations which must be followed completely by all the members. As such, the LLP is becoming a more robust option for those who are new within the field and business. Penalties under the LLP Act: As simple as the LLP act seems, there are still some cases where Individuals and also organizations if found guilty of misusing and disregarding the principles of the LLP Act, are going to be responsible for Punishments and fines.
Some of the Offences under the LLP Act can be:
• Not maintaining the foundations and agreements made under this act.
• Using the words ‘LLP’ or ‘Limited Liability Partnership’ in improper ways.
• Punishable within the case of the Contravention of designated partners, Liabilities of Designated Partners and changing the names of the designated partners.
Any person found guilty of the above-mentioned or others is punishable under Section 74 of General penalties made under the LLP Act, 2008
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Under Section 74, General Penalties are made and described for the LLP Act, not having any specific offences normally. The individual found guilty under this Act shall be prone to a fine of a minimum of Rs. 10,000 extending up to a sum of 5 Lacs, betting on the offence and punishment. just in case the defaults are continued, 50 rupees are charged every day thereafter. As such, the Penalties so introduced under Section 74 of the LLP Act are monetary and zilch more.
If any false documents within the name of the company or individuals are submitted, including return statement, incorporation of the corporate, knowingly the individual is also liable and guilty for the subsequent punishments:
• Imprisonment of up to 2 years.
• A fine that will extend up to 5 lacs and a minimum of 1 lakh. All of the offences are compounded by the Registrar.
All the applications of the offence are going to be compounded and submitted in Form-31. As such, there are not any major offences or punishments involved under the liability Partnership, which might easily be incorporated by following certain conditions and you’re good to travel for your business and obtain it growing.
India ranks 3rd within the world just in case of start-up growth, and quite 50% growth within the industry, it’s the Golden Time for all the new businesses and corporations to flourish and set their feet into the competition. Also, with the introduction of the liability Partnership Act, 2008, it’s become even easier for all the young minds to urge started on what they’ve dreamed of, without concern about filing taxes, audits and minimum amounts to induce their business registered and running.
Yogita Yadav .i am a law student .p-B.A.LL.B. love to learn and research new things .
“Wisdom …. comes not from age, but from education and learning” so never stop learning.