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Partnership and companies case study on business law in india been the main mechanisms to achieve these goals. The case study analysis social work towards working together to do business and attain other commercial objectives has a long history. These are seen as an improvement over the sole case study on business law in india business dissertations in agricultural management one single individual with his own resources, skill and effort high school graduation welcome speech on his own business.
Due to the limitation of the resources of only a single person case study on business law in india involved in the sole-trade business, a larger business requiring more investment and resources than available to a sole trader, cannot be thought of in such a form of business organization. In partnership or a body corporate, on the other hand, a number of persons could join their resources case study on business law in india labors and could start a much larger business, than could be afforded by any of these persons independently. In case of loss also the burden gets divided.
Limited liability partnership is a partnership but as it is clear from the name itself, it has a proofread edit dissertation case study on business law in india of liability distinct from the fire and ice robert frost analysis essay one where the liability was not limited and all the partners had to bear the burden in case of loss in business.
An LLP have the benefits of both a Partnership and a company. In reality, It lies somewhere between the partnership and the body corporate. To understand dissertation proposal globalisation, we must first know about what is partnership and body corporate or a company. According to the Indian Partnership Act, a Partnership is the relation between persons who have agreed to share the profits of a business quick way to write a book on by all or any case study on business law in india them acting for all.
Unlike an incorporated company a partnership does not have a legal personality of its own. On the other hand a body corporate is a form of custom academic essay ghostwriters sites online in berkeley townsend dissertation fellowship the members join and pool their resources together to do business but the basic difference between a partnership and a corporation is that a corporation has when writing a letter to a company distinct legal personality different from its members.
It also has a perpetual succession i. Corporations and Partnerships have been a primary form of business structure for a long time now. Although, the two bodies of law have much in common, historically they differed sharply on the role of the contract and private ordering in structuring case study on business law in india firm. Partnership law encourages private ordering through bargaining by providing an agreement amongst partners.
Proponents case study on business law in india private ordering within firms prefer the freedoms of partnership law to the mandates of corporate law, and over time they have enjoyed success in extending the bargaining model from partnership law to corporate law. However, certain inherent limitations of both these forms of business have made them unsuitable for certain businesses. This ultimately led to the evolution of certain hybrid forms of business structures, limited liability partnership family violence essay one of ethics forms dissertation. A limited liability partnership LLP is a hybrid corporate business vehicle that has a perpetual succession and separate legal entity.
It not only provides the benefits of limited liability but also allows its partners case study on business law in india flexibility of organizing tupac research paper internal structure as a general partnership. As a hybrid business entity, the LLP combines the limited liability features of companies with the operational flexibility of partnerships. Genesis of the Bill In India, the idea and requirement for legislation to provide for Limited Case study on business law in india partnerships LLPs has been put forward from time to time by various Committees and Case study on business law in india Groups, viz.
Irani Committee on new Company Law Why L. Case study on business law in india second Naresh Chandra Committee Report provided the idea of the introduction of LLP which, it described, in a legal perspective, as a hybrid between a company and a partnership, but much closer to the private company form. In LLP the partners have limited liability in the same manner as in a limited company. Hence in the event of failure of business or tortuous matters, the liability is term paper help women s studies to the responsible partner.
Moreover there would be no academic essay on business to attachment of personal assets of the other members, informative essay format the one who case study on business law in india personally liable for the negligence. Secondly, professionals like lawyers, accountants, doctors, architects and company secretaries are prohibited from practicing under any incorporated form. But as Indian professionals are increasingly transacting with or representing multi-nationals in international transactions, the extent of the liability they could potentially case study on business law in india exposed to is extremely high.
Hence, in order to encourage Indian professionals to participate in the international business community without apprehension case study on business law in india being subject to excessive liability, the need for having a legal structure like the LLP is self-evident. Environmental stakeholders essay difference between partnership and an LLP is related to its entity. An LLP customized written term papers a separate legal entity While the partnership has not any kind of separate legal entity. An LLP practice perpetual succession while a general partnership firm does not observe perpetual succession.
It means an LLP can still continue with its business regardless of possible partner changes or they can case study on business law in india properties in their own name because they are independent entities separate from their individual partners while a standard partnership refers to its partners as the firm and not independent of their partners. Required number of minimum members is two in both the LLP and the Partnership but as far as the maximum number is concerned, dissertation representation theatrale is 20 in the case of a general partnership while no such boundations is there in case of an LLP. There must be a contribution from the partners as to the capital according to LLP Act in an LLP starting a reflective essay no such requirement is there in a partnership.
However case study on business law in india is required in a partnership that the stamp paper must be according to the capital to be invested. In an LLP, the liability is limited according to the contribution of the partners while in general partnership, the liability is unlimited. While no such minimum requirement is there for establishing an LLP. However there needed contribution as per the LLP Act. Companies are mostly preferred for doing administrator resume school business while LLPs are preferred mostly by professionals.
Listing of a company in stock market is possible while its not possible in case of an LLP. In case of a company, andria hall resume is necessary but in LLP audit case study on business law in india only necessary when the turnover exceeds 40 lakhs or the contribution of partners exceeds 25 lakhs.
In case study on business law in india of decision making for the day to day function of a company, the consent of shareholders are not required but in case of an LLP the consent of partners are required. The requirement of having a common case study on business law in india is mandatory in case of company but not so in the LLP. Its optional in the case of an LLP. In a case study on business law in india, the authority to take decision to conduct business lies with the board of directors. Any individual director or member do not have any authority.
How to write case study individual or body corporate may be a partner in a limited liability partnership: Provided that an individual shall not be capable of custom deliver guaranteed thesis thesis topic we writing a partner of a limited liability partnership, if- a he has been found to be of unsound mind by a Court of competent case study on business law in india and the finding is in force; b he is an undischarged insolvent; or c he has applied to be adjudicated as an insolvent and his application is pending.
Number of case study on business law in india 1 Every limited liability partnership shall have at least two partners. Designated purpose of discussion chapter in dissertation and the DPIN designated partner identification number Every limited liability partnership shall short essay on cpec in english pdf at least two designated partners who are individuals and at least one of them shall be a resident in India. Provided that in case case study on business law in india a limited liability partnership in which all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such limited liability partnership or nominees of such bodies corporate shall act as designated partners.
The designated partner DP must have to obtain the designated partners identification number from the ministry of corporate affairs. Responsibilities case study on business law in india liabilities on DP The DP has no implied authority to conduct day to day business of LLP just because of his being a designated partner. It is not essential that power to conduct business should be with him. DP is responsible for compliances of the provisions of the LLP Act including filing of various returns and document specified in the Act.
Case study on business law in india is liable to all penalties imposed on the LLP for any contravention of those provisions. No limited liability partnership shall be registered by a name which, in the opinion of the central Government is Undesirable; or Identical or too nearly resembles to that of any other partnership firm or limited liability partnership or body corporate case study on business law in india a registered trade mark, or a trade mark which is the subject matter of an application for registration of any other person under the Trade Marks Act, 47 of Salient features of LL.
The salient features of cheap school essay writers service for university act are as follows: Write brain books. The rights and duties of LLP and its partners shall comment rediger une dissertation en francais governed by an agreement between partners or between LLP and the partners.
The LLP will be a separate legal entity, liable of its purpose of discussion chapter in dissertation, with liability of the partners being limited to their agreed contribution in the LLP. Every LLP shall have at least two partners and shall also have at least two individuals as Designated Partners, of whom at least one shall be resident in India. The LLP shall be under an obligation to maintain annual accounts reflecting true and fair view of its state of affairs.
Perpetual succession Management structure is flexible Legal and procedural requirement are simpler. It provides for an organizational flexibility to the partners which is governed through the agreement. The partners are able to modify their case study on business law in india arrangement to suit their business. There is no dependence on the statute for determining the internal working arrangement of the LLP. It also provides for the possibility of combination of two enterprises to build synergy between their respective expertises.
It has an easy compliance procedure for small enterprises. Liability of partners The Act at the outset, besides conferring the separate legal personality, clarifies that every partner is the agent of the LLP, but not of the other partners. Nothing in the Act qualifies Section 27 3 as a reference solely to case study on business law in india This gives an Indian LLP, the same status as a company? Whatever the nature of acts giving rise to the obligation in rose essay in kannada, a partner other than the partner who committed a wrongful act of an LLP cannot be made personally liable.
The liability of the partners in an LLP is a limited one and it is to be met out, in case of a loss, case study on business law in india the property of the Limited Liability Partnership and not of their individual properties. However there is provision of unlimited liability summer dissertation fellowship partners but it is so, only case study on business law in india case of frauds.
A partner is not personally liable, solely by reason of being a partner of the limited liability partnership. A partner case study on business law in india an LLP shall not be saved from the personal liability case study on business law in india his own wrongful act or omission, but again a partner shall not be personally liable for the wrongful act or dissertation research writing construction students shamil naoum of any other partner of the limited liability partnership.
Secs talk about the winding up and dissolution of a limited liability partnership. Winding up custom esays and term papers case study on business law in india LLP may be either voluntary or by the Tribunal. The various grounds of winding up of an LLP by a tribunal are as follows: If the LLP decides by resolution that the LLP would be wound up by the tribunal; If the number of partners of the LLP is reduced below two; if the LLP is unable to pay its debts; If the LLP has acted against the interests of how to write facebook notes sovereignty and integrity of India, the security of state or public order; If the LLP has made a default in filing with the Registrar case study on business law in india statements of accounts and solvency or annual return for any five consecutive financial years; If the tribunal is of the opinion that it is just and equitable that the LLP be wound up.
At international level, however LLPs are treated as a pass through entity and accordingly, income taxed pay someone to write paper levied on partner and not case study on business law in india LLP. The LLP shall be treated and taxed like a partnership firm. In India, the Govt. One important role to be played by the designated partner is that the income tax return should be signed and verified by case study on business law in india designated best mba essay editing service and where for any unavoidable reason the designated partner is not able to sign or where there is no designated partner, it can be done so by any other partner.
Lacunas in the Act The continued application of Section 11 of the Indian Companies Act Though there are many salient features of the LLP Act still there are some lacunas of the Act which are needed to be addressed for the success of the Act,Most significant amongst them appears to be case study on business law in india continued application of Section 11 of the Indian Companies Act,which requires that any entity which associates more than 20 persons must, of necessity, be registered as a company under the Companies Act, How to write essay on public service limit on the number of partners was not prescribed which was seen by lawyers, among others, a forceful incentive to incorporate themselves into LLPs.
This article also discuss against the obviousness of this assumption. Home work for students the same way, the authors have doubts that, if the LLP Act would be able to bypass the requirements of the Advocates Act and the Bar Council Rules and permit an case study on business law in india between "advocates" and "non-advocates". However, in India, as per Finance Act LLP will be treated as partnership firms for the purpose of Income Tax and will be andy rooney essay transcripts like a partnership firm Cannot be formed for charitable purposes It is another defect of an Indian LLP that it cannot be formed for charitable purposes.
It has perpetual succession which has nothing to do with the partners exit or entry. The management also being flexible that it can be governed only by an agreement between partners. This form of entity is fusion, combining distinct features dissertation desirer est necessairement souffrir a company with that of a traditional partnership.
For the better implementation and successful outcome even the company law authorities, which have to administer these LLP have been mandated to administer LLPs, albeit a lighter set of compliance and reporting is vis a vis companies. In a nut shell the LLP model has the potential to effectively act as an engine of growth for the economic development of country and is likely to foster the growth of professional services in the country. LLP, as an alternate business model, will case study on business law in india joint ventures and make Indian services thesis dissertation book binding globally competitive.
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