LLP Agreement Needs to be Registered: Understanding the Importance
If you are starting a Limited Liability Partnership (LLP), you must know that one of the most crucial aspects of forming an LLP is registering its agreement. Registration of an LLP agreement is mandatory under the Limited Liability Partnership Act, 2008. The LLP agreement is the founding document that outlines the mutual rights and obligations between the partners and the LLP. It is a crucial document that defines the LLP`s functioning, management, and ownership structure, among other things.
Here`s why registering the LLP agreement is important:
Legal Validity: One of the primary reasons for registering the LLP agreement is that it gives it legal validity. When you register the LLP agreement, it becomes a legally binding document that can be enforced in a court of law if required. It acts as a safeguard for both partners and the LLP.
Proof of Existence: Registering the LLP agreement is proof of the existence of the LLP. Without a registered LLP agreement, the LLP is not considered a legal entity. This means that it cannot enter into contracts, open bank accounts, or transact in its name. Registering the LLP agreement is a prerequisite for any business activity by the LLP.
Avoid Disputes: The LLP agreement outlines the rights and obligations of each partner and the LLP. It also defines the profit-sharing ratio, the management structure, and other crucial aspects of the LLP. By registering the agreement, partners can avoid disputes and disagreements around these aspects in the future. A registered agreement serves as a reference point for resolving any conflicts.
Access to Bank Loans: A registered LLP agreement makes it easier for the LLP to access bank loans and credit facilities. Banks and other financial institutions may require a registered LLP agreement to assess the LLP`s creditworthiness and determine the terms of credit.
Tax Benefits: A registered LLP agreement can also help partners to enjoy tax benefits. Tax authorities may need proof of the LLP`s existence and registration of the agreement when filing taxes. A registered agreement also ensures that each partner is taxed according to their profit-share as defined in the agreement.
In conclusion, registering the LLP agreement is a mandatory requirement under the Limited Liability Partnership Act, 2008. It is essential to ensure the LLP`s legal validity, access to business activities, avoid disputes, and enjoy benefits such as tax benefits and access to credit facilities. All partners must sign the agreement and file it with the Registrar of Companies within 30 days of forming the LLP. It is advisable to consult a legal professional to draft and register the LLP agreement to ensure compliance and avoid legal issues in the future.