Question 5 (a)

Why the LLP is a better option

9.375 marks

Time to write
About 19 minutes

From an older CBCS paper

Question

Question 5 (a) · 9.375 marks

Q.5. “Limited Liability Partnership (LLP) is a much better option than a partnership, a private company or an unlisted public company”. Elaborate.

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

19 minfor 9.4 marks

Read from the question

  • ElaborateMake it clear point by point, with a line of explanation each.

What the paper leaves open

Marked as one question of 18.75 marks; answered here in 2 parts of 9.375 marks each (marks inferred).

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 The LLP as a better option 9.4 marks 17 min
  3. Check: every ask answered, key terms underlined 1 min

Try it first. About 19 minutes for 9.375 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.

The LLP as a better option. The statement is largely correct: an LLP keeps the main strength of each older form and drops its main weakness.

  1. Against a partnership:
    • Risk to the partners: each partner's liability stops at the contribution he has agreed to bring (except in wilful fraud), while a firm's partners are liable without limit, up to their personal assets; and a partner binds the LLP by his own acts but does not bind the other partners.
    • Continuity: partners may come and go but the LLP itself goes on, unlike a firm, whose existence is affected by such changes.
    • Compliance: only the designated partners answer for compliance and penalties under the Act, not every partner.
  2. Against a private company or an unlisted public company: an LLP gives the benefit of limited liability at a low cost of compliance, and its partners organise its internal structure by their own mutual agreement, as in a partnership.
  3. Who gains most: because its structure and operation are flexible, the LLP suits small enterprises, professionals and service businesses, and investment by venture capital.

Where the 9.375 marks sit

#ComponentMarks
1The LLP as a better option9.375
Total9.375
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