Limited liability partnership in India was introduced through the LLP Act, 2008. The basic concept behind adopting LLP was to provide a structure that is easy to maintain and reduces the liability as compared to a sole proprietorship structure. LLP combines the advantages of both the Company and Partnership firm into a single form of organization and offers a hybrid structure. Hence, conversion of sole proprietorship into LLP is a good business decision. Under LLP, one partner is not responsible or liable for another partner’s misconduct or negligence. LLP also provides limited liability protection for the owners from the debts of the LLP. Therefore, LLP is preferred mostly by Professionals, Micro and Small businesses that are family-owned or closely-held.
Benefits of conversion from proprietorship to LLP
- Separate Legal Existence
Limited liability partnership is a separate legal entity, and its existence is separate from its partners, unlike the general partnership firm. This makes it possible to own assets and enter into contracts in the name of the LLP or sue a third party in case of any dispute.
- Limited Liability of Owners
The liability of Partners is limited to the extent of capital contribution agreed by the partners in the LLP Agreement. The loss or debt of LLP cannot be assigned to partners even while the dissolution of LLP. Further, one partner is not held responsible for the actions of negligence or misconduct of any other partner.
- Flexibility to Operate
The LLP is managed and run according to the LLP agreement. It’s the partners that decide how the LLP would function and divide the duties and responsibilities. Hence, it is a very flexible structure and the partners are free to create their own rules of management which is not possible in other business structures.
- Lower Compliance Requirement
Compared to a Private Company, there is a lower compliance requirement in case of LLP, including the audit requirement. The requirement of statutory audit arises on reaching a certain level of turnover or contribution. Further, provisions such as the meeting of partners, operation through resolutions are relaxed and not mandatory in every case.