Yes, a salaried person becomes a Partner, there are no legal bondages in this but you may have to go through with your employment agreement if it contains any restrictions on doing so.
Yes, an NRI or Foreign National can be a Partner after obtaining a DPIN. At least, one of the partners has to be a resident Indian citizen.
Under traditional partnership firm, every partner is liable, jointly with all the other partners and also severally for all acts of the firm done while he is a partner. Under LLP structure, liability of the partner is limited to his agreed contribution. Further, no partner is liable on account of the independent or un-authorized acts of other partners, thus allowing individual partners to be shielded from joint liability created by another partner's wrongful acts or misconduct.
The Designated Partners needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, the LLP Act 2008 allows Foreign Nationals including Foreign Companies & LLPs to incorporate a LLP in India provided at least one designated partner is resident of India.
Once a LLP is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the LLP will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of up to 20 years.
General partnerships are the most common and basic, where all partners are liable for all contracts and torts of the partnership. Limited partners can accompany a general partnership and are liable only to the extent of their contributions to the company. An Limited Liability Corp (LLC) is available as a replacement to a general partnership that restricts liability to a partner. Many states offer this option to businesses, but it is a newer set of regulations and open to more uncertainty. A Limited Liability Partnership (LLP) is reserved for practicing businesses such as accountants and lawyers The LLP is a good choice for these types of partnerships because they prevent liability to other partners when a single partner is sued for malpractice. Rules and regulations regarding an LLP are dictated by state laws and regulations.
LLP or Limited Liability Partnership has become a popular form of organization among entrepreneurs in India. A Limited Liability Partnership gives the benefits of a Company & a Partnership Firm. An LLP in India is a Partnership Firm established by at least 2 Partners who enter into an LLP Agreement. However, the LLP Partner have limited liability and the LLP has perpetual succession just like a Company.
Individual eligible to conduct business in Indian Region is eligible for LLP registration if that individual is accompanied by another eligible partner with Indian Citizenship
Yes, an NRI or Foreign National can be a Partner after obtaining a DPIN. At least, one of the partners has to be a resident Indian citizen.
The step by step process to change LLP agreement is as follows : Step 1: The partners must meet to pass a resolution for the required changes in the draft LLP agreement. This may be to change capital contribution, for example. Step 2: Within 30 days of the passing of the resolution, Form-3 needs to be filed with the Registrar. The details to be submitted in Form 3 are : Date of LLP agreement modification Reason of the modification in the LLP agreement sample– whether it is due to: Change in a partner(s) Change in business activities Change in contribution and profit sharing percentage of any of the partners Any other change in matters Duties & rights of partners Restrictions imposed on the authority of any or all of the partners Administration and management of the LLP The procedure of calling and conducting meetings Acts that can be made only with the approval of all or a specific number of the partners Contents of the indemnity clause The partners’ Inclusion Retirement Cessation Resignation and Expulsion Disputes and resolution of issues related to The partners The partner and the LLP Possible activities of the business after the change The division of industrial activity after the change in the LLP agreement format. The details of contribution and profit sharing percentage of the partners after the change in the LLP agreement Step 3: Form-4 needs to be filed with the Registrar (along with the Form-3), If the change in the LLP agreement format is due to the change in a partner(s) or designated partner(s). In case of the appointment, cessation or change in designation/name/address of partner(s) or designated partner(s).
Carmine Filippone is a CPA and partner at Rudinger, Heller & Filippone, LLP in White Plains, NY.
Under traditional partnership firm, every partner is liable, jointly with all the other partners and also severally for all acts of the firm done while he is a partner. Under LLP structure, liability of the partner is limited to his agreed contribution. Further, no partner is liable on account of the independent or un-authorized acts of other partners, thus allowing individual partners to be shielded from joint liability created by another partner's wrongful acts or misconduct.
The Designated Partners needs to be over 18 years of age and must be a natural person. There are no limitations in terms of citizenship or residency. Therefore, the LLP Act 2008 allows Foreign Nationals including Foreign Companies & LLPs to incorporate a LLP in India provided at least one designated partner is resident of India.
Allies Containers LLP
The following documents are required to change LLP agreement : What are the documents required to change LLP agreement? Documents to be enclosed with Form 3: Original LLP Agreement Modified LLP agreement Supplementary Deed Resolution regarding the changes to be made, which is passed in a meeting by the LLP Partners Any supplementary forms or documents required as proof Documents to be enclosed with Form 4 Consents of each of the partners An affidavit or other proof of a change in name Evidence of cessation If any of the partners is a company, the copy of the resolution in this regard Copy of authorization/resolution mentioning the name & address of individuals(s) nominated as a representative of the partner/nominee
Once a LLP is incorporated, it will be active and in-existence as long as the annual compliances are met with regularly. In case, annual compliances are not complied with, the LLP will become a Dormant Company and maybe struck off from the register after a period of time. A struck-off Company can be revived for a period of up to 20 years.
Goldfarb LLP was created in 2010.
McMillan LLP was created in 1903.