Chapter II of the Limited Liability Partnership Act, 2008: Nature of Limited Liability Partnership

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Comparative Analysis

LLP vs. Traditional Partnership:

  • Traditional partnerships under the Partnership Act, 1932, lack separate legal entity status
  • Partners in traditional partnerships are agents of each other and the firm
  • Death or insolvency of a partner typically dissolves a traditional partnership
  • Property is held by partners jointly or on behalf of the firm, not by the firm itself

LLP vs. Company:

  • Both have separate legal entity status and perpetual succession
  • Companies have more complex regulatory requirements and compliance obligations
  • Companies are taxed differently than LLPs
  • LLPs offer greater operational flexibility similar to partnerships
  • Director liability in companies differs from partner liability in LLPs[8]
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