Law Regarding Protection Of Stakeholders Under LLP

What Will Be The Role Of Government In Regulation Of LLPs? How Will The Act Able To Prevent Fly-by-night Promoters Or Llps Vanishing After Incorporation?
Posted 1 year ago  | 
Corporate Law
Corporate Law

1 Answer(s)

Tushar Bhargava

LLP structure is proposed to allow entrepreneurs and businessmen/servicemen to combine themselves with a view to run a business/service for profit in a more flexible manner than companies. The internal processes of LLPs shall be governed by the LLP Agreement. To protect interests of various stakeholders, following approach has been followed in the LLP Act:-

  • Mandatory incorporation of LLPs with registrar with suitable due diligence to be followed by promotes/professionals at the time of incorporation. Provisions for mandatory Designated Partners Identification Number (DPIN) to be obtained by every designated partner (similar to DIN for directors of companies) have been proposed in the Act.
  •  MCA-21 e-Governance process will be used for incorporation purposes which will help to track any unscrupulous promoter/partner of an LLP.
  • Details of partners and any changes made therein shall be required to be filed with the registrar;
  • Filing of annual documents like (SAS and Annual Return) with the Registrars will be mandatory. Such documents will also be open for public inspection;
  • Audit of all LLPs (except small LLPs which may be exempted by way of notification by Central Govt) shall be mandatory;
  • Provisions have been proposed in the Act to empower Registrar to conduct scrutiny of documents filed with him and for calling of any other relevant information from LLP or its partners/officials and also for summoning of LLPs partners/officials in certain cases.
  • The Act also contains provisions for investigation of affairs of LLPs by competent inspectors to be appointed by Central Government, wherever circumstances so require.

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