Taxmann's LLP Ready Reckoner

Page 1


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Law stated in this book is as amended upto 20th May, 2025

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AGREEMENT

ACCOUNTS, AUDIT AND ANNUAL RETURNS OF LLP

ROUTINE MANAGEMENT OF LLP

ADMINISTRATIVE CONTROL OVER LLP

COMPROMISE AND ARRANGEMENT

WINDING UP AND STRIKE OFF DEFUNCT LLP

INVESTIGATION OF AFFAIRS OF LLP

OFFENCES, PUNISHMENTS AND PENALTIES

INCORPORATION OF LLP

2.1 INTRODUCTION

2.1-1 Incorporation document

2.1-2 Contents of incorporation document

2.1-3 Punishment for false statement while incorporating LLP

2.1-4 Procedure for Incorporation of LLP at a glance

2.2 NAME OF LLP

2.2-1 Reservation of name of LLP

Para 2.2

Procedure prescribed for reservation of name

Name reserved for three months

2.2-2 Criteria for approval of name -

Approval of concerned regulatory authority proviso xvi

2.2-2A Reservation of name

However, if NOC is received from LLP or company, name can be reserved.

xi the proposed name is identical with or too nearly resembles the name of any other limited liability partnership or a company [amended w.e.f. 1-4-2022]

xii xiii xiv

2.2-3 Criteria for approval of name of a LLP

Para 2.2

Name Should not be similar to other names -

Name Should not be undesirable

Offensive names

No violation of Emblems Act -

Misleading name not permissible-

Abbreviated names only for established company

Names starting with small letters

Stand alone genetic name not permitted

Words like bank, trust, investment etc.

Names including word ‘insurance’

Name of mutual fund

Change of name reflecting software business

2.2-4 Obtaining consent of other companies in group for using group name in name of a LLP

Kilburn Electricals Ltd. Regional Director i.e.

Kirloskar Diesel Recan Ltd. Kirloskar Proprietary Ltd.

Essel Packaging Ltd. Essel Tea Exports -

Hira Lal & Sons (Export) P Ltd. UOI

2.2-5 Free name search facility

2.2-6 Filling Form RUN-LLP - Application for reservation of name of LLP

Sr. No. of form 1

i a i b

Guideline for filling the column

Para 2.2

Sr. No. of form 1

b k

Guideline for filling the column

Copy of resolution is required to be attached

2.2-7 Enclosures to form RUN-LLP

Following should be enclosed

2.3 CHANGE OF NAME

2.3-1 Application for change of name by LLP/body corporate if other LLP constituted with similar name

Para 2.3

Rs. 995/-

LLP READY RECKONER

AUTHOR : V.S. Datey

PUBLISHER : Taxmann

DATE OF PUBLICATION : June 2025

EDITION : June 2025

ISBN NO : 9789371261265

NO. OF PAGES : 360

BINDING TYPE : PAPERBACK

DESCRIPTION

The LLP Ready Reckoner is a concise yet comprehensive guide to Limited Liability Partnerships (LLPs) in India. It covers the latest amendments to the LLP Act and Rules, providing in-depth procedures, illustrative examples, and extensive commentary on topics such as incorporation, partner obligations, taxation, foreign investment, and more. It highlights how LLPs blend the flexibility of partnerships with the structure of corporations, making this book essential for readers. This book is intended for the following audience:

• Chartered Accountants, Company Secretaries, Cost Accountants, & Other Professionals – For advising clients on LLP formation, governance, and compliance

• Legal Practitioners & Law Firms – For referencing procedural aspects, amendments, and complex LLP regulations

• Entrepreneurs & Business Owners – To understand LLP's benefits, obligations, and unique structure

• Students & Academics – For a structured study on LLP legislation and practice

• Regulatory Authorities & Corporate Decision-makers – For administrative guidelines, compliance mandates, and best practices

The Present Publication is the 2025 Edition and has been amended up to 20th May 2025. This book is authored by Mr V.S. Datey, with the following noteworthy features:

• [Latest Amendments] Incorporates recent legislative updates, including the LLP (Amendment) Act, 2021

• [Practical Insights] Provides clear procedures for incorporation, drafting of LLP agreements, partner changes, and filing

• [Administrative Guidance] Offers step-by-step checklists, sample forms, and e-filing instructions

• [Taxation & FDI] Covers income tax provisions, AMT, start-up recognition, foreign direct investment, and overseas investment rules

• [Illustrative Drafts] Presents model agreements, resolutions, and conversion guidelines

• [Easy Cross-referencing] Features a comprehensive Section Index and Subject Index

• [Allied Laws] Explains interplay with the Companies Act, FEMA, and other relevant laws

• [User-Friendly Layout] Utilises tables, flowcharts, and bullet points for clarity

• [Documentation & Checklists] Includes model forms and compliance reminders to reduce errors

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