Monday 15 April 2019

Now business activities of LLP can be Manufacturing or allied activities as per LLP Act



Business activities of LLP cannot CAN be Manufacturing or allied activities as per LLP Act

A Limited Liability Partnership (“LLP”) is a body corporate formed and incorporated under the Limited Liability Partnership Act, 2008 (“Act”), and it is a legal entity separate from its partners, having perpetual succession, and unlike sole proprietorship any change in the partners of the LLP shall not affect the existence, rights or liabilities of the LLP.

Why one should go for LLP??
Benefits of LLP
1)    Easy to register
2)    Just like a PLC, LLP is also a body corporate, which means it has its own existence as compared to partnership firm
3)    LLP exists as a separate legal entity from its partners. Liability for repayment of debts and lawsuits incurred by the LLP lies on the LLP itself
4)    LLP has perpetual succession and continue to exist till its wound up in accordance with the provisions of the relevant law
5)    LLP is flexible to manage
6)    LLPs are not subject to Dividend Distribution Tax, so no taxes are applicable upon distribution of profits among the partners, as is required in case of dividend distribution by a PLC
7)    LLP is not required to get its accounts audited, which is a mandatory requirement for PLC
8)    As compared to a PLC, LLP has relatively lesser compliance requirements

They were majorly formed for small business purposes specifically related to Service Sectors. But professionals have always faced dilemma for the fact that whether ‘Manufacturing’ can be a part of LLP Business or not?
For this MCA had issued internal clarification dated 6th March, 2019 stating that the Manufacturing Companies cannot carry on its business under the tag of LLP,
But the new news is that MCA has withdrawn the clarification and with this, LLP’s can be incorporated for the purpose of Manufacturing Activity,
Moreover if you are a company engaged in manufacturing activity and willing to convert your company into LLP then you may proceed with this.

If we go through the provisions of section 2(1)(e) of the LLP Act, 2008 we see that “business includes every trade, profession, service and occupation”,

Authors View:-
The Definition given under section 2(1)(e) is INCLUSIVE ONE, i.e. the terms such as “Trade”, “Profession”, “Service”, “Occupation” are presented here as the example of what Business includes, there is no where mentioned that Manufacturing CANNOT be a Business undertaken by LLP,

All the Limited Liability Partnerships are registered with Registrar of Companies (ROC) in India. It is type of business structure with easy compliance as it is a mix of features of Partnership firm and Limited Liability company.

Effect of this clarification:- the Central Registration Centre (“CRC”) can if all other requirement are satisfied, allow the incorporation of LLP or Conversion to LLP’s where proposed business is Manufacturing or allied activities. So if you are a company engaged in manufacturing and wish to convert the company structure to LLP, NOW YOU CAN PROCEED.

Other requirements for LLP Incorporation:
1.    Designated Partner Identification Number (DPIN)
2.    Digital Signatures (DSC)
3.    Proposed Designated Partners
4.    LLP Name
To know more about how to select name, please go through our article as below;
5.    Registered Office
6.    LLP Agreement

Compliances required to be done for LLP

1.    Annual ROC Compliances of LLP
Every LLP registered have to file returns for the year ending 31st March of the FY. Filings are mandatory whether the LLP has done any business or not.

The following are the returns to be filed by the LLP for the year ended 31st March of the FY
Form 11 (Annual Return) due date is 30th May every year
Form 8 (Accounts) due date is 30th October every year

2.    Event based Compliances of LLP
              i.        Appointment of Designated Partner
            ii.        Cessation of Designated Partner
           iii.        Amendment in Initial LLP Agreement
           iv.        Changes in Main objects of LLP
            v.        Changes in Profit Sharing Ratio
           vi.        Increase in Contribution of LLP


This has diversified the business area of LLP’s, opening up more opportunities for manufacturing industries 

3 comments:

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  2. An LLP structure is appropriate for enterprises with a small number of employees (if any) and a few partners, each of whom contributes equally to the company, have similar rights and obligations, and contribute a proportionate share of the income. There are various advantages to forming your company as a limited liability partnership (LLP). Please call +91 8929218091 if you have any questions regarding LLP company registration in Noida .

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