Question 4 (a)

LLP as a hybrid business structure; LLP and partnership firm

9 marks

Time to write
About 18 minutes
Topic
LLP: nature, features, comparisons, small LLP
Notes
Crux notes

Question

Question 4 (a) · 9 marks

"LLP is a hybrid business structure" Do you agree? Differentiate an LLP from a Partnership firm.

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

18 minfor 9 marks

Read from the question

  • Is…?Differentiate…2 asks, each with its own marks below. Answer both.
  • agreeA statement to judge: take a stand on it in your first line, and come back to it at the end.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 LLP as a hybrid structure 3 marks 5 min
  3. 2 Differences 6 marks 11 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 18 minutes for 9 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.

Do you agree? Yes. Think of three architects who want to practise together. As a partnership firm, each of them would risk his house and savings for a mistake made by another; as a company, they would face board meetings, share capital and heavy filings. The LLP sits between the two. From the company side it takes incorporation: it is a body corporate, a legal person separate from its partners, and it alone answers for its debts out of its own assets, each partner's risk being limited to what he agreed to contribute. From the partnership side it takes flexibility: the partners settle their rights, duties and management among themselves by agreement, and compliance costs stay low. Because it combines features of both forms, it is fairly called a hybrid.

Picture itLLP as a hybrid business structure; LLP and partnership firm

1The firm's debt reaches the house: the sofa and the TV ride away on the creditor's truck.

Partnership firmUnlimited, extending to the partners' personal assets.

2Under an LLP only the office desk goes; the couple watch from their own gate, home untouched.

LLPLimited to the agreed contribution, except in wilful fraud.

Differences: how an LLP differs from a partnership firm:

BasisLLPPartnership firm
Partners' personal riskLimited to the agreed contribution; unlimited for fraud (s. 30), and each partner answers for his own wrongful acts (s. 28(2))Unlimited: personal assets can be reached
Separate existenceA body corporate distinct from its partnersNo existence apart from the partners
Effect of partners leavingThe LLP carries on unaffectedA change of partners may end or reconstitute the firm
Acts of one partnerBind the LLP, but not the other partners personallyBind the firm and every other partner
Who looks after complianceThe designated partners (at least two, one resident in India)Every partner
Annual filings with the RegistrarYearly statement of account and solvency, and an annual returnNo annual document to file
NameMust end with "limited liability partnership" or "LLP"Any lawful name
Common sealMay adopt oneHas none

Where the 9 marks sit

#ComponentMarks
1LLP as a hybrid structure3
2Differences6
Total9
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