A Limited Liability Partnership (LLP) can prove to be a much
better business vehicle than a regular partnership. Partnership firms are relatively easy to start
and are prevalent among little and medium-sized businesses in the unorganized sector. However, for a
larger business, it has lost its relevance with the introduction of Limited Liability Partnership
due to the added advantages offered by LLP as it provides the benefit limited liability, separate
legal entity & ease of ownership transfer, etc. This is the reason that the Partnership Firms are
converting into Limited Liability Partnership.
Therefore the Partnership Firm which wants to
convert itself to LLP must be registered under the Indian Partnership Act, 1932. Unregistered
Partnership Firm can’t be converted to LLP. LLP incorporated by the conversion of Partnership Firm
to LLP must have the same partners as they were in the Partnership Firm. Therefore it is suggested
that the Partnership Firm should retire all the Partners who do not wish to be a part of LLP and if
new partners are to be added, they should be added after the incorporation of LLP. Legal Suvidha
Providers will help you convert Partnership firm to LLP easily. Following are some pre-requisites
which should be kept in mind before converting partnership into LLP:
• ITR filing to
date.
• Consideration to partners only by way of allotment of shares.
• Unsecured creditor’s
consent regarding conversion.
• Minimum 2 partners.
• At least 1 designated partner shall be
Indian Resident.
• DPIN & DSC of all partners.
• Contribution from each partner.
However, it is to be noted that licenses, registrations, properties, etc. issued in the name of the
partnership will not get transferred at the time of conversion into LLP. After conversion
partnership shall be deemed to be dissolved.
INCORPORATION COST | The incorporation cost of an LLP is low as compared to the partnership the procedure for incorporating an LLP is less difficult. |
MINIMUM CAPITAL REQUIREMENT | There is no minimum capital requirement for forming an LLP making it a feasible option for startups & Small businesses. |
BETTER IMAGE AND CREDIBILITY IN MARKET | Limited Liability Partnership (LLP) is a popular and well-known business structure in the world. Corporate Customers, Vendors, and Govt. Agencies prefer to deal with LLP instead of proprietorship or normal partnerships. |
NO AUDIT REQUIREMENT AND MINIMAL COMPLIANCES | LLP is easy to manage and statutory audit is not required for Limited Liability Partnership. LLP is most ideal for small enterprises. An LLP only requires audited annual returns to be filed if it has a turnover of greater than Rs. 40 lakh or capital contribution of over Rs. 25 lakh. |
TAX ADVANTAGES | There are some important advantages over the private limited company. For example, the Dividend Distribution Tax and tax surcharge don't apply. Loans to partners are also not taxable as income. |
SEPERATE LEGAL ENTITY | A LLP is a legal entity and a juristic person established under the Act. Therefore an LLP form of organization has a wide legal capacity and can own property and also incur debts. The Partners of an LLP have no liability to the creditors of an LLP for such debts. |
PERPETUAL SUCCESSION | A LLP has 'perpetual succession', that is continued or uninterrupted existence until it is legally dissolved. An LLP, being a separate legal person, is unaffected by the death or other departure of any Partner but continues to be in existence irrespective of the changes in Partnership. |
EASY TRANSFERABILITY | The ownership of an LLP can be easily transferred to another person by inducting them as a Designated Partner of the LLP. LLP is a separate legal entity separate from its Managing Partners, so by changing the Managing Partners, the ownership of the LLP can be changed. |
OWN PROPERTY | Since, LLP is a separate legal entity from its partners, it can own property in its name. So, no partner can claim any right over that property. |
1. Self Attested PAN Card copy
2. Self Attested copy of any one of the Identity Proof(Voter's ID/Passport/Driver's License)
3. Self Attested copy of Address Proof in the name of the director (Any utility bill i.e., mobile bill/water bill/ electricity bill, or bank statement which should not be older than two months)
4. Passport-sized photograph
1. Rent Agreement (Notarised: For rented property)
2. Sale Deed/Property Deed in English (in case of owned property)
3. No-objection Certificate from the property owner
4. Latest Electricity Bill / Mobile or Telephone Bill / Latest Bank Statement/Gas Bill
Private Limited Company | Limited Liability Partnership | One Person Company | Partnership Firm | |
Preferred for | Start-ups | Professional Services Firms | Sole Proprietors | Small-medium sized businesses |
Limited Liability Protection | Yes | Yes | Yes | No |
Minimum Requirement | 2 Shareholders | 2 Designated Partners | 1 Director 1 Nominee |
2 Partners |
Fund Raising Options | High | Low | Low | Low |
Tax Advantage | Few | Most | Few | Minimal |
Statutory Compliance's | High | Low | High | Minimal |
Compliance Cost | High | Medium | Medium | Low |
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