The advantages of which forms of business organization is incorporated in Limited Liability Partnership (LLP) Act, 2008 ?

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MH SET Paper-II: Commerce 7th April 2024
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  1. Private Ltd. Co. and Public Ltd. Co.
  2. Sole proprietorship firm and partnership firm
  3. Partnership firm and Private Co.
  4. Partnership firm, Private Ltd. Co. and Public Ltd. Co.

Answer (Detailed Solution Below)

Option 3 : Partnership firm and Private Co.
Free
MH SET Paper 1: Held on 26th Sep 2021
50 Qs. 100 Marks 60 Mins

Detailed Solution

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The correct answer is - Partnership firm and Private Co.

Key Points

  • The Limited Liability Partnership (LLP) Act, 2008 incorporates the advantages of both:
    • Partnership firms - Flexibility in management and operations.
    • Private Companies - Limited liability for partners, ensuring protection of personal assets.
  • The LLP structure allows partners to operate with the flexibility of a partnership while enjoying the benefit of limited liability, which is a feature of companies.
  • Unlike traditional partnerships, the liability of partners in an LLP is limited to their agreed contribution, reducing the risk to personal assets.
  • LLPs ensure a clear distinction between management and ownership, similar to private companies, enabling efficient operations.

Additional Information

  • Key features of Limited Liability Partnership (LLP):
    • Separate Legal Entity - An LLP is treated as a separate legal entity, distinct from its partners.
    • Perpetual Succession - The LLP continues to exist irrespective of changes in its partners.
    • Flexibility - LLPs offer operational flexibility without the strict compliance requirements of private or public limited companies.
    • No Minimum Capital Requirement - There is no mandatory minimum capital for forming an LLP.
  • Difference between Partnership and LLP:
    • In a traditional partnership, partners have unlimited liability, whereas LLP partners have limited liability.
    • LLPs are governed by the LLP Act, 2008, while partnerships are governed by the Indian Partnership Act, 1932.
  • Examples of LLP Usage: LLPs are commonly used for professional services such as legal firms, accounting firms, and consulting services due to their flexibility and liability protection.

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