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Limited Liability Partnership A Comprehensive Resource Book

 CA Pramod Jain

2020

9789390252503

1st Ed

Paperback

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Bloomsbury India Limited Liability Partnership A Comprehensive Resource Book by CA Pramod Jain

About the Book:
The Limited Liability Partnership were introduced in India vide the Limited Liability Partnership Act, 2008. LLP has combined the flexibility of a partnership and the advantages of limited liability of a company at a low compliance cost. Limited Liability Partnership Law effective from 1st April 2009 is a new business vehicle that provides the benefits of limited liability of a company but allows its partners the flexibility of organizing their internal management on the basis of a mutually arrived agreement. 
The new concept of LLP is gaining strength in India. Procedures for LLP compliances have changed since 2009. Taxation of LLP has been made clear by the provisions made in the Income-tax Act, 1961 through the Finance (No 2) Act 2009 and Finance Act, 2010. 
An attempt has been made in this book to analyze the provisions of Limited Liability Partnership Act, Rules and its taxation keeping in mind the practical difficulties, which a business entity/professional could face while adhering to the provisions contained in laws. Tables, charts and examples have been used sparingly to make the provisions understand easily. 
Book would be immensely useful for Company Secretaries, Law professionals, Chartered Accountants and everyone concerned with formation, incorporation, conversion, administration & management, accounting & audit and taxation of a LLP.
The book contains the following Chapters and Annexures:
SECTION I - GENERAL 
1. Objects and Reasons for Limited Liability Partnership 
2. Miscellaneous 
3. Limited Liability Partnership background in India 
4. Salient features of Limited Liability Partnership 
5. Meaning and nature of Limited Liability Partnership 
6. Importance of LLP after Companies Act, 2013 
SECTION II - INCORPORATION 
7. Incorporation of Limited Liability Partnership 
8. Miscellaneous 9. Registered office/other office of a LLP and its change 
10. Limited Liability Partnership Agreements 11. Partners of Limited Liability Partnership 
12. Number of Partners in Limited Liability Partnership 
13. Designated Partners 
SECTION III - CONVERSION 
14. Conversion of partnership firm into LLP 
15. Conversion of Private Company into LLP 
16. Conversion of unlisted Public Company into LLP 
17. Conversion of Professional Firms into LLP 
18. Conversion of LLP into Company 
SECTION IV - ADMINISTRATION AND MANAGEMENT 
19. Contribution 20. Foreign Direct Investment (FDI) in LLP 
21. Extent of Liability 
22. Investigation 
23. Compromise, Arrangement or Reconstruction 
SECTION V - ACCOUNTS AND AUDIT 
24. Accounts and Returns 
25. Applicability of Accounting Standards 
26. Assignment and transfer of partnership rights 
27. Destruction of old records 
28. Electronic filing of documents 
29. Forms to be certified by professionals 
30. Audit of LLP 
SECTION VI - TAXATION 
31. Basic taxation aspects of LLP 
32. Residential status of LLP 
33. Tax rates of LLP 
34. Remuneration to partners 
35. Interest on partners’ contribution 
36. Taxation of introduction and withdrawal of capital assets by partners 
37. Computation of taxable income of Limited Liability Partnership 
38. Taxation of conversion of Firms into Limited Liability Partnership 
39. Taxation of conversion of Companies into Limited Liability Partnership 
40. Taxation of Conversion of Limited Liability Partnership into Company 
41. Taxability of amounts received by partners from Limited Liability Partnership
42. Liability of partners for tax dues in case of liquidation 
43. Other tax compliances 
SECTION VII - WINDING UP & DISSOLUTION
44. Winding up and Dissolution 
SECTION VIII - MISCELLANEOUS 
45. Payment of Fees 
46. Penalties and prosecution 
47. Other matters related to LLP 
48. Forms under LLP laws 
49. Foreign Limited Liability Partnerships 
50. Comparison of Limited Liability Partnership with Firm 
51. Simultaneous comparison of Limited Liability Partnership with Company and Partnership firm 
SECTION IX - ANNEXURES 
Annexure 1 Draft Limited Liability Partnership Agreement - 1 
Annexure 2 Draft LLP Agreement - 2 (As per Section 23(4) of LLP Act, 2008) 
Annexure 3 Draft Limited Liability Partnership Agreement - 3 
Annexure 4 Draft Limited Liability Partnership Agreement - 4 
Annexure 5 Draft Limited Liability Partnership Agreement - 5 
Annexure 6 Draft Limited Liability Partnership Agreement - 6 
Annexure 7 Draft Limited Liability Partnership Agreement - 7 
Annexure 8 Draft Limited Liability Partnership Agreement - 8 
Annexure 9 Draft Limited Liability Partnership Agreement - 9 
Annexure 10 Supplementary Limited Liability Partnership Agreement
About the Author:
CA Pramod Jain is a commerce graduate [B. Com (H)] from Shri Ram College of Commerce (SRCC). He is a fellow member of the Institute of the Institute of Companies Secretaries of India (FCS). He is a fellow member of the Institute of Cost Accountants of India (FCMA). He is a Bachelor of Law (LL.B). He has qualified Information System Auditor [DISA (ICAI)]. He is also a member of All India Management Association (MIMA). He is also an Insolvency Professional. He has passed certification course NCFM of National Stock Exchange of India (NSE). He has also done certification course CAAT of ICAI. He has also done post qualification certificate course on Valuation of ICAI. 
He has been elected as Central Council Member of ICAI for the period 2019 – 2021. Apart from being member in more than 25 committees/ groups/directorates of ICAI, he is Chairman of Valuation Standards Board and CSR Committee of ICAI for year 2020-21, member of ICAI Disciplinary Committee Bench for year 2020-21 and Vice Chairman of Direct Tax Committee for year 2019-20 and 2020-21. 
He is president, founder convener and member of various associations, circles, committees, etc. of ICAI, ICSI and other prestigious bodies and associations. He is a member of Financial Reporting Review Board, Audit and Assurance Standards Board, Accounting Standards Board, Taxations Audit Quality Review Board, Ethical Standards Board, Editorial Board, Valuations Standard Board and Internal Audit Standards Board of ICAI. He has been a Technical Reviewer with FFRB and Quality Review Board and Peer Reviewer with Peer Review Board.
He has authored books on “Chartered Accountant’s Documentation and Compliance for Audits and Reviews”, Limited liability Partnership – A Complete Resource Book”, “Chartered Accountant’s Documentation and Compliance for Audits and Reviews”, “Importance of LLP after Companies Act, 2013”, “Chartered Accountant’s Documentation and compliance under Companies Act 2013, Peer Review and Quality Review”, “Limited Liability Partnership – Law, Procedures and Taxation”, “Documentation for Chartered Accountants”, “Limited Liability Partnership – Law and Procedures with Ready Reckoner”, “Fringe Benefit Tax & Banking Cash Transaction Tax”, “Documentation for Audits” and “Accounting Standards and CARO”. 
He is the conceptualizer of the portal www.expertspanel.in which is a one stop solution for all professional queries which has given more than 19,000 answers since its launch in mid of year 2018. 
He has delivered more than 1,000 lectures, webcasts and articles on various topics of Income Tax, Corporate Laws, LLP, Audits, Peer Review, Quality Review etc. at more than 150 forums throughout the country. Most of his presentations and articles since 2013 are available for free download from www.lunawat.com and also from 2018 at www.expertspanel.in, 
He has written various articles on taxation, company law and audit in various journals. He has a vast practical experience in taxation, audit and corporate laws field and he has been giving consultancy to various corporate and non-corporate entities on taxation matters.

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