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Consider the following statements with reference to the Limited Liability Partnership (LLP):
1. In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence.
2. The internal governance structure of a company and LLP both are regulated by statute, Companies Act, 2013.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements with reference to the Limited Liabil...
Overview:
The Limited Liability Partnership (LLP) is a type of business structure that combines the features of a traditional partnership and a corporation. It provides limited liability to its partners, which means that each partner is not personally responsible or liable for the misconduct or negligence of another partner. The internal governance structure of a company and an LLP are regulated by different statutes.

Explanation:
Statement 1: In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence.
This statement is correct. One of the key features of an LLP is limited liability, which means that the partners are not personally liable for the acts or omissions of other partners. Each partner's liability is limited to their own actions and investments in the LLP. This is different from a general partnership, where each partner has unlimited personal liability for the partnership's debts and obligations.

Statement 2: The internal governance structure of a company and LLP both are regulated by statute, Companies Act, 2013.
This statement is incorrect. The internal governance structure of a company is regulated by the Companies Act, 2013, while the internal governance structure of an LLP is regulated by the Limited Liability Partnership Act, 2008. These are two separate statutes that govern the functioning and management of companies and LLPs respectively. While there may be some similarities in the governance structure, the legal provisions and requirements are different for each.

Conclusion:
In conclusion, statement 1 is correct as each partner in an LLP is not responsible or liable for another partner's misconduct or negligence. However, statement 2 is incorrect as the internal governance structure of a company and an LLP are regulated by different statutes.
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Consider the following statements with reference to the Limited Liabil...
Following are the important points associated with Limited Liability Partnership (LLP):
  • Budget 2021 proposed Decriminalisation of the Limited Liability Partnership (LLP) Act, 2008.
  • It is a partnership in which some or all partners (depending on the jurisdiction) have limited liabilities. In an LLP, each partner is not responsible or liable for another partner's misconduct or negligence. So, statement 1 is correct.
  • The LLP can continue its existence irrespective of changes in partners. It is capable of entering into contracts and holding property in its own name.
  • The LLP is a separate legal entity, is liable to the full extent of its assets but the liability of the partners is limited to their agreed contribution in the LLP.
  • The internal governance structure of a company is regulated by statute (i.e. Companies Act, 2013) whereas for an LLP it would be by a contractual agreement between partners. So, statement 2 is incorrect.
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Consider the following statements with reference to the Limited Liability Partnership (LLP):1. In an LLP, each partner is not responsible or liable for another partners misconduct or negligence.2. The internal governance structure of a company and LLP both are regulated by statute, Companies Act, 2013.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'A'. Can you explain this answer?
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