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Starting a limited liability company or limited liability partnership (LLP)and compliances thereon or conducting General Meetings of Company / compliances thereof or Restructuring a corporate entity or Legal Advisory services related to Foreign Exchange issues with RBI / FIPB Conformation to all legal prerequisites for expansion of business abroad or aspects with SEBI, the Indian Capital Market Regulator.

Limited Liability Partnership (LLP) Law in India as on date

Posted by Labz Solutions On April 2009

This article deals with the applicability and effective date of Limited Liability Partnership Act, 2008 (LLP Act) and Limited Liability Partnership Rules, 2009 (LLP Rules) in India. The registration and online e-filing will soon begin in http://www.llp.gov.in, though 1st LLP has already been registered through physical filing on 2nd April 2009 from Registrar of LLP located at New Delhi. It is a niche area of practice for Company Secretaries (CS), Chartered Accountants (CA), Cost Accountants (CWA) and Advocates, both for themselves and others. Now proceed reading the article to know the LLP law as on date.

Links to LLP law in India and its Understanding

Posted by Labz Solutions On April 2009

Here you can find the Acts, Rules, Forms, Notifications of Indian Central Government on Limited Liability Partnership (LLP) laws and understanding of the same by way of explanation, FAQs, procedure, etc...

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Since the taxation related matters in India are provided under Tax Laws, the taxation of LLPs was not provided in the Limited Liability Partnership (LLP) Act, 2008. The Finance Bill, 2009 has made provisions in this regard, pursuant to which the taxation scheme of LLPs has been proposed to be introduced in the Income Tax Act. It has been proposed,

  • to tax LLPs on the lines similar to general partnerships (EXCEPT for recovery purposes) under Indian Partnership Act, 1932, i.e. taxation in the hands of the entity and exemption from tax in the hands of its partners. 
  • Consequent changes in the definitions of Income-tax Act, 1961 like (i) the word ‘partner’ to include within its meaning a partner of a limited liability partnership, (ii) the word ‘firm’ to include within its meaning a limited liability partnership and (iii) the word ‘partnership’ to include within its meaning a limited liability partnership as these terms have been defined in the Limited Liability Partnership Act, 2008 have also been proposed in the Finance Bill, 2009.
  • that the he designated partner shall sign the income tax return of an LLP, or, where, for any unavoidable reason such designated partner is not able to sign the return or where there is no designated partner as such, any partner shall sign the return.
  • that in case of liquidation of an LLP, every partner will be jointly and severally liable for payment of tax unless he proves that non-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part.
  • that the conversion from a general partnership firm to an LLP will have no tax implications if the rights and obligations of the partners remain the same after conversion and if there is no transfer of any asset or liability after conversion. In case of violation of these conditions, the provisions of section 45 of Income-tax Act shall apply.
  • that the amendments will be effective from the 1st day of April 2010 i.e. assessment year 2010-11.

Source: Press Note No.1/16/2007-CL.V dated 10/07/2009 on Taxation of Limited Liability Partnerships

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All the provisions of LLP Act, 2008 read with LLP Rules, 2009 as amended by LLP (Amendment) Rules, 2009 has notified all the provisions of the Act with effect from 4th June 2009 EXCEPT the provisions regarding application for winding up u/s. 51 and Chapter III governing Sections 63, 64 & 65 governing provisions regarding winding up and dissolution of LLP along with the Jurisdiction of Tribunals u/s. 72 & 73 of the said Act.

 

Click here – A must read FAQ on Limited Liability Partnership Law in India for every one.

An Understanding

Relevant Indian Government Notification

CLB till Tribunal (NCLT) is constituted under Companies Act for LLP’s as per the amendment rules
Government Notification of LLP (Amendment) Rules, 2009
Convert any form of business into LLP now, provisions notified w.e.f 31st May 2009

Government Notification of Sections under LLP Act and Rules under LLP Rules

To download editable soft copy in word form of Limited Liability Partnership Act, 2008, Click here.

Click here to download the Government notification on Limited Liability Partnership Act, 2008 i.e, LLP Act, 2008 in PDF format.

To understand applicability & notification of Limited Liability Partnership Act, 2008 read with Limited Liability Partnership Rules, 2009, click here.

Click here to read the Government notification on LLP law.

Click here to understand the various forms on Limited Liability Partnership law and its relevant rules & sections.

Click here to read the Government Notification on LLP rules with forms in word form i.e, Limited Liability Partnership Rules, 2009 in editable soft copy

Click here to understand the steps to form an LLP in India or for Secretarial practice to form Limited Liability Partnership (LLP).

Formation of LLP in India / LLP Services:

We, Law Labz Consultancy (P) Ltd., can help you to avail this opportunity by registering a Limited Liability Partnership for you or find like-minded partners, assist you by providing a service which adds a long term value. Through our experience, we are confident of providing you with innovative, practical & effective legal solutions.

Law Labz as the name suggest is a research oriented corporate legal service provider which serves as a one stop solution for wholesome legal compliances. Law Labz comprises of a team of young professionals drawn from all shades of legal spectrum who are specialized in Corporate law matters. We pride ourselves in providing high quality secretarial services and maintaining lasting relationships with clients in relevant domains.

For more details, kindly log on to http://www.lawlabz.com or just drop a mail to consult@lawlabz.com

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The following links helps a Professional to understand the applicability of Competition Act as on date in India and the relevant Act or Notification or Regulations, thereof.  Broadly, almost all the provisions of Competition Act are notified EXCEPT provisions regarding Combinations (Mergers, Amalgamations, Acquisitions & Takeovers - MAAT) & provisions before Competition Commission of India (CCI) benches.

An Understanding

Relevant Legal Provision

Competition Act, 2002 as amended by Competition (Amendment) Act, 2007

The Competition Act, 2002

The Competition Amendment Act, 2007

Competition law applicability till date,sections w.e.f. 20th May 2009,including anti-competitive agreements & abuse of dominance,excepting combinations & CCI provisions

Sections of Competition Act notified

Sections of Competition (Amendment) Notified

Establishment of Competition Appellate Tribunal

CCI to engage CS, CA, CWA, MBA, Lawyer & Economists specialising in Competition law with good academic record for sound packages

The Competition Commission of India (Procedure for Engagement of Experts and Professionals) Regulations, 2009 ( No1 of 2009)

CCI Collegium Meetings with 6 regulations transact the business on the basis of information or reference & decided by majority

The Competition Commission of India (Meeting for Transaction of Business) Regulations, 2009 ( No. 3 of 2009)

CCI logo in its general regulations 2009 with details about manner of conducting proceedings consisting of 54 regulations

The Competition Commission of India (General) Regulations, 2009;( No. 2 of 2009)

We, Law Labz Consultancy (P) Ltd., can help you regarding Competitive Agreements & assist you by providing a service which adds a long term value. Through our experience, we are confident of providing you with innovative, practical & effective legal solutions.

Law Labz as the name suggest is a research oriented corporate legal service provider which serves as a one stop solution for wholesome legal compliances. Law Labz comprises of a team of young professionals drawn from all shades of legal spectrum who are specialized in Corporate law matters. We pride ourselves in providing high quality secretarial services and maintaining lasting relationships with clients in relevant domains.

For more details, kindly log on to http://www.lawlabz.com or just drop a mail to consult@lawlabz.com

Yes, now, you can register yourself as a Registered User in Limited Liability Partnership website and its active at http://llp.gov.in:8080/llp/app/pages/RegisterPage

 

Choose the option as "Registered User" as it does not require Digital Signature every time when you decide to login to the site to access some services and the best part it, you get almost all required services as a "Registered User" itself.

 

On registration, you may login to the site by clicking http://llp.gov.in:8080/llp/app/pages/LoginPage/

 

Still the e-form section is not made active, though the forms are made available.  One have to wait & see.

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Click here – A must read FAQ on Limited Liability Partnership Law in India for every one.

An Understanding

Relevant Indian Government Notification

To download editable soft copy in word form of Limited Liability Partnership Act, 2008, Click here.

Click here to download the Government notification on Limited Liability Partnership Act, 2008 i.e, LLP Act, 2008 in PDF format.

To understand applicability & notification of Limited Liability Partnership Act, 2008 read with Limited Liability Partnership Rules, 2009, click here.

Click here to read the Government notification on LLP law.

Click here to understand the various forms on Limited Liability Partnership law and its relevant rules & sections.

Click here to read the Government Notification on LLP rules with forms in word form i.e, Limited Liability Partnership Rules, 2009 in editable soft copy

Click here to understand the steps to form an LLP in India or for Secretarial practice to form Limited Liability Partnership (LLP).

Formation of LLP in India / LLP Services:

We, Law Labz Consultancy (P) Ltd., can help you to avail this opportunity by registering a Limited Liability Partnership for you or find like-minded partners, assist you by providing a service which adds a long term value. Through our experience, we are confident of providing you with innovative, practical & effective legal solutions.

Law Labz as the name suggest is a research oriented corporate legal service provider which serves as a one stop solution for wholesome legal compliances. Law Labz comprises of a team of young professionals drawn from all shades of legal spectrum who are specialized in Corporate law matters. We pride ourselves in providing high quality secretarial services and maintaining lasting relationships with clients in relevant domains.

For more details, kindly log on to http://www.lawlabz.com or just drop a mail to consult@lawlabz.com

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This article deals with the applicability & effective date of Limited Liability Partnership Act, 2008 (LLP Act) and Limited Liability Partnership Rules, 2009 (LLP Rules) in India. The registration & online e-filing will soon begin in http://www.llp.gov.in, though 1st LLP has already been registered through physical filing on 2nd April 2009 from Registrar of LLP located at New Delhi. It is a niche area of practice for Company Secretaries (CS), Chartered Accountants (CA), Cost Accountants (CWA) and Advocates, both for themselves & others. Now proceed reading the article to know the LLP law as on date.



What a practising professional should know about Limited Liability Partnership (LLP) in India as on 1st Apr...
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