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Key Incorporation Requirement

Key Incorporation Requirement

  • Partners
  • Contribution
  • Designated Partners

Partner

Atleast 2 persons (natural or artificial) are required to form a LLP. In case any Body Corporate is a partner, than he will be required to nominate any person (natural) as its nominee for the purpose of the LLP.

Following can become a partner in the LLP

  1. Company incorporated in and outside India
  2. LLP incorporated in & outside India
  3. Individuals resident in & outside India

Contribution

In case of LLP, there is no concept of any share capital but every partner is required to contribute towards the LLP in some manner. The said contribution can be tangible, movable or immovable or intangible property or other benefit to the limited liability partnership, including money, promissory notes, and other agreements to contribute cash or property, and contracts for services performed or to be performed.

In case the contribution is in intangible form , the value of the same shall be certified by a practicing Chartered Accountant or by a practicing Cost Accountant or by approved valuer from the panel maintained by the Central Government.The monetary value of contribution of each partner shall be accounted for and disclosed in the accounts of the limited liability partnership in the manner as may be prescribed.

The LLP Agreement must specify the contribution intended to be paid by all the members and the form in which it will be paid.

Designated Partners

Designated Partner’ means a partner who is designated as such in the incorporation documents or who become a designated partner by and in accordance with the Limited Liability Partnership Agreement.

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

Provided that in case of a limited liability partnership in which all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such limited liability partner­ship or nominees of such bodies corporate shall act as designated partners.

Designated Partner shall be:

  1. Responsible for the doing of all acts, matters and things as are required to be done by the limited liability part­nership in respect of compliance of the provisions of this Act including filing of any document, return, statement and the like report pursuant to the provisions of this Act and as may be specified in the limited liability partnership agreement; and
  2. Liable to all penalties imposed on the limited liabili­ty partnership for any contravention of those provisions.

Explanation.—for the purposes of this section, the term “resi­dent in India” means a person who has stayed in India for a period of not less than one hundred and eighty-two days during the immediately preceding one year.

Key Incorporation Requirement

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