Question 4 OR (c)

Incorporation of an LLP

5 marks

Time to write
About 10 minutes

From an older CBCS paper

Question

Question 4 OR (c) · 5 marks

How can an LLP be incorporated under LLP Act 2008?

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

10 minfor 5 marks

Read from the question

  • HowHow it works or is done, step by step.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Subscription, contents and filing 3 marks 5 min
  3. 2 Statement of compliance and registration 2 marks 3 min
  4. Check: every ask answered, key terms underlined 1 min

Short on time? Trim steps 1 and 2 evenly rather than skip one: each is capped at its own marks.

Try it first. About 10 minutes for 5 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Registration process under the Limited Liability Partnership Act, 2008:

  1. Subscription (s. 11(1)(a)): at least two persons, associated to carry on a lawful business for profit, sign their names to an incorporation document.
  2. Contents (s. 11(2)): the document states the LLP's name, its proposed business, the address of its registered office, the names and addresses of its partners and designated partners on incorporation, and other prescribed information.
  3. Filing (s. 11(1)(b)): it is filed with the prescribed fee with the Registrar of the State in which the registered office is to be situated.
  4. Statement of compliance (s. 11(1)(c)): by an advocate, company secretary, chartered accountant or cost accountant engaged in the formation, and by one of the subscribers.
  5. Registration (s. 12): the Registrar registers the document within 14 days and certifies that the LLP is incorporated by the name specified.

Where the 5 marks sit

#ComponentMarks
1Subscription, contents and filing3
2Statement of compliance and registration2
Total5
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