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LLP Short Notes:
Introduction:
- LLP stands for Limited Liability Partnership.
- It is a popular form of business organization that combines the benefits of a partnership and a company.
- LLP provides limited liability to its partners, which means their personal assets are protected from the debts and liabilities of the business.
Formation of LLP:
- LLP is formed by filing an application with the Registrar of Companies (ROC) along with the necessary documents.
- The LLP agreement, which outlines the rights and duties of partners, capital contributions, profit sharing, etc., must be executed and filed with the ROC.
- Minimum two partners are required to form an LLP, and there is no maximum limit on the number of partners.
Key Features of LLP:
1. Limited Liability:
- Partners have limited liability, meaning their personal assets are not at risk in case of business debts or liabilities.
- Partners are only liable to the extent of their capital contribution.
2. Separate Legal Entity:
- LLP is a separate legal entity from its partners.
- It can own property, enter into contracts, sue or be sued in its own name.
3. Perpetual Succession:
- LLP has perpetual succession, which means it continues to exist even if the partners change or retire.
- The LLP's existence is not affected by the death or insolvency of any partner.
4. Easy Transferability of Ownership:
- Ownership of LLP can be easily transferred by adding or removing partners.
- Such transfers require the consent of all partners and appropriate filings with the ROC.
5. Flexibility in Management:
- LLP has flexibility in management as partners can agree on the division of rights and responsibilities.
- Partners can actively participate in the management or appoint designated partners for day-to-day operations.
Business Laws for CA Foundation:
- CA Foundation is the entry-level examination for Chartered Accountancy course.
- Business Laws is one of the subjects included in the CA Foundation syllabus.
- It covers various laws and regulations related to business transactions and organizations.
Topics Covered in Business Laws for CA Foundation:
1. Indian Contract Act, 1872:
- Definition and types of contracts.
- Essential elements of a valid contract.
- Performance and discharge of contracts.
- Breach of contract and remedies.
2. Sale of Goods Act, 1930:
- Formation of the contract of sale.
- Conditions and warranties in a contract of sale.
- Rights and duties of the seller and buyer.
- Unpaid seller and his rights.
3. Indian Partnership Act, 1932:
- Definition and nature of partnership.
- Rights and duties of partners.
- Registration and dissolution of partnership firms.
4. Limited Liability Partnership Act, 2008:
- Formation and registration of LLP.
- Rights and duties of partners in LLP.
- Conversion of partnership firm into LLP.
5. Companies Act, 2013:
- Types of companies and their formation.
- Memorandum and articles of association.
- Share capital and debentures.
- Directors, meetings, and resolutions.
Conclusion:
- LLP is a popular business form that provides limited liability and flexibility in management.
- CA Foundation's Business Laws subject covers various laws related to business transactions and organizations.
- It is important for CA Foundation students to have a good understanding of LLP and other business laws to excel in their exams and future career.
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