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LLP Act 2008
Clarifications on issues related to LLP
formation
Introduction
• The act came into force on 9th January 2009,
after getting assent from President on 7th
January 2009.
• It extends to whole of India.
• It includes provisions related to the formation
and regulation of LLP in India & additional
matters incidental therto.
Clarification on name of LLP
• Rule 18 (2) (xvi) of LLP rules 2009(Amended LLP rules
2012),the proposed name of limited liability
partnership,
• includes the words company secretary, chartered
accountant, advocates or such similar words as
• indicative of a profession, as part of the proposed
name,
• the same shall be allowed only after obtaining approval
from the Council governing such profession
• or such authority as may be nominated by the Central
Government, in this behalf.
Clarification on name of LLP
• Further as per COUNCIL GUIDELINES FOR
CONVERSION OF CA FIRMS INTO LLPs (Guidelines
No.1-CA (7)/03/2011, dated 4th November, 2011),
• In terms of Rule 18(2) (xvi) of LLP Rules- 2009, if the
proposed name of LLP includes the words `Chartered
Accountant’ or chartered Accountants,
• as the case may be, as part of the proposed name,
the same shall be referred to the Institute of
Chartered Accountants of India (ICAI) by the
Registrar of LLP and it shall be allowed by the
Registrar only if the Secretary, ICAI approves it.
Clarification on name of LLP
• If the proposed name of LLP of CA firm resemble
with any other non-CA entity as per the naming
Guidelines under LLP Act and its Rules,
• the proposed name of LLP of CA firms may
include the word `Chartered Accountant’ or
`Chartered Accountants’, as the case may be in
the name of the LLP itself and the Registrar,
• LLP may allow the same name, subject to
compliance to Rule 18(2) (xvi) of LLP Rules as
referred above.
Registration Requirememnts
• As per regulation 190 of the Chartered
Accountants Regulations, 1988,
• Partners of the firm are required to apply in
form no. 117 and form no. 18 to the ICAI,
along with the copy of registration of name
with registrar.
• Forms may contain all details of all offices
together with signature of partners or
authorized person.
Examples on the name of LLP
• The name of the LLP may be like `X & Co. LLP’
or `X & Associates LLP’ and no other suffix
shall be approved and registered by ICAI.
• In this reference, the attention of the
members is also drawn on the General
Circular No.45/2011 dated 8th July, 2011
(copy attached), issued by MCA.
Note on Newly converted CA
LLPs
• The newly constituted CA LLPs registered with ICAI
shall be allowed to work only in terms of Section 2(2)
of the Chartered Accountants Act, 1949 and the
object of LLP to be incorporated in
• Form-2 and Form 17 of the LLP rules, 2009 or in LLP
agreement, shall be in the nature of Professional
Services allowed,
• Under Section 2(2) of the Chartered Accountants Act,
1949. LLP shall be subject to the same regulation, like
the partnership firms.
• Mere conversion into LLP does not give any privileges,
which were not earlier with the CA firms.
THANK YOU
• Please refer the COUNCIL GUIDELINES FOR
CONVERSION OF CA FIRMS INTO LLPs
(Guidelines No.1-CA (7)/03/2011, dated 4th
November, 2011).
• General Circular No. 45/2011 of MCA, dated
8th July 2011, for more details on the name
selction and formation of LLP.

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LLP clarification

  • 1. LLP Act 2008 Clarifications on issues related to LLP formation
  • 2. Introduction • The act came into force on 9th January 2009, after getting assent from President on 7th January 2009. • It extends to whole of India. • It includes provisions related to the formation and regulation of LLP in India & additional matters incidental therto.
  • 3. Clarification on name of LLP • Rule 18 (2) (xvi) of LLP rules 2009(Amended LLP rules 2012),the proposed name of limited liability partnership, • includes the words company secretary, chartered accountant, advocates or such similar words as • indicative of a profession, as part of the proposed name, • the same shall be allowed only after obtaining approval from the Council governing such profession • or such authority as may be nominated by the Central Government, in this behalf.
  • 4. Clarification on name of LLP • Further as per COUNCIL GUIDELINES FOR CONVERSION OF CA FIRMS INTO LLPs (Guidelines No.1-CA (7)/03/2011, dated 4th November, 2011), • In terms of Rule 18(2) (xvi) of LLP Rules- 2009, if the proposed name of LLP includes the words `Chartered Accountant’ or chartered Accountants, • as the case may be, as part of the proposed name, the same shall be referred to the Institute of Chartered Accountants of India (ICAI) by the Registrar of LLP and it shall be allowed by the Registrar only if the Secretary, ICAI approves it.
  • 5. Clarification on name of LLP • If the proposed name of LLP of CA firm resemble with any other non-CA entity as per the naming Guidelines under LLP Act and its Rules, • the proposed name of LLP of CA firms may include the word `Chartered Accountant’ or `Chartered Accountants’, as the case may be in the name of the LLP itself and the Registrar, • LLP may allow the same name, subject to compliance to Rule 18(2) (xvi) of LLP Rules as referred above.
  • 6. Registration Requirememnts • As per regulation 190 of the Chartered Accountants Regulations, 1988, • Partners of the firm are required to apply in form no. 117 and form no. 18 to the ICAI, along with the copy of registration of name with registrar. • Forms may contain all details of all offices together with signature of partners or authorized person.
  • 7. Examples on the name of LLP • The name of the LLP may be like `X & Co. LLP’ or `X & Associates LLP’ and no other suffix shall be approved and registered by ICAI. • In this reference, the attention of the members is also drawn on the General Circular No.45/2011 dated 8th July, 2011 (copy attached), issued by MCA.
  • 8. Note on Newly converted CA LLPs • The newly constituted CA LLPs registered with ICAI shall be allowed to work only in terms of Section 2(2) of the Chartered Accountants Act, 1949 and the object of LLP to be incorporated in • Form-2 and Form 17 of the LLP rules, 2009 or in LLP agreement, shall be in the nature of Professional Services allowed, • Under Section 2(2) of the Chartered Accountants Act, 1949. LLP shall be subject to the same regulation, like the partnership firms. • Mere conversion into LLP does not give any privileges, which were not earlier with the CA firms.
  • 9. THANK YOU • Please refer the COUNCIL GUIDELINES FOR CONVERSION OF CA FIRMS INTO LLPs (Guidelines No.1-CA (7)/03/2011, dated 4th November, 2011). • General Circular No. 45/2011 of MCA, dated 8th July 2011, for more details on the name selction and formation of LLP.