Features of a Limited Liability Partnership- A Limited Liability Partnership (LLP) is a popular form of business structure that combines the features of both a partnership and a corporation. It offers a unique set of advantages that make it a preferred choice for many entrepreneurs and professionals. In this article, we will delve into the key features of a Limited Liability Partnership.
Features of a Limited Liability Partnership
- Limited liability: One of the key features of a Limited Liability Partnership (LLP) is that the partners have limited liability for the debts and liabilities of the business. This means that their personal assets are not at risk if the business goes into financial trouble.
- Separate legal entity: An LLP is a separate legal entity from its partners. This means that the LLP can enter into contracts, sue and be sued in its own name, and hold property in its own name.
- Flexibility in management: LLPs provide flexibility in terms of management and decision-making. Partners can choose to manage the business themselves or appoint designated partners to manage the affairs of the LLP.
- No minimum capital requirement: Unlike a private limited company, an LLP does not have a minimum capital requirement. Partners can contribute capital as per their agreement, and there is no requirement to maintain a certain amount of capital.
- Perpetual existence: An LLP has perpetual existence, meaning it continues to exist even if one or more partners leave or die. The LLP can continue its operations without interruption.
- Limited compliance requirements: LLPs have fewer compliance requirements compared to private limited companies. They are not required to hold annual general meetings or file annual financial statements with the Registrar of Companies.
LLP
- Limited audit requirements: LLPs are required to get their accounts audited only if their annual turnover exceeds a certain threshold limit, as prescribed by the government.
- Tax benefits: LLPs are taxed as a partnership, meaning the income of the business is taxed at the partner’s level rather than the business level. This can result in tax benefits for the partners.
- Easy transfer of ownership: It is relatively easier to transfer ownership in an LLP compared to a private limited company. Partners can transfer their ownership interest to another partner or an outsider with the consent of other partners.
- Limited liability for partners’ actions: Partners in an LLP are not personally liable for the wrongful actions or negligence of other partners. They are only liable to the extent of their capital contribution.
- Statutory compliance: LLPs are required to comply with the provisions of the Limited Liability Partnership Act, 2008, and other relevant laws and regulations.
- Professional services: LLPs are commonly used by professionals such as lawyers, accountants, architects, and consultants to provide their services in a corporate structure while enjoying limited liability.
Overall, the features of a Limited Liability Partnership make it a popular choice for businesses that want the benefits of limited liability while maintaining flexibility in management and fewer compliance requirements.