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Question

Which of the following is NOT correct about the nature of limited liability partnership?

The correct answer is
It follows the principle of unlimited liability

LLP Nature: Identifying the Incorrect Statement

A Limited Liability Partnership (LLP) is a business structure that combines aspects of both partnerships and corporations. Let's examine the characteristics mentioned:

  • Body Corporate: An LLP is indeed a body corporate, meaning it's a legal entity distinct from its members, incorporated under the Limited Liability Partnership Act.
  • Separate Legal Entity: It possesses a legal identity separate from its partners. This allows the LLP to own assets, sue, and be sued in its own name.
  • Perpetual Succession: An LLP enjoys perpetual succession, meaning its existence continues indefinitely regardless of changes in its partners (e.g., death, retirement, or insolvency).
  • Liability: The defining feature of an LLP is the limited liability it offers to its partners. Partners are generally not responsible for the debts or obligations of the LLP beyond their agreed contribution. The statement that it follows the principle of unlimited liability is fundamentally incorrect and contradicts the core concept of an LLP.

Therefore, the incorrect statement regarding the nature of a limited liability partnership is that it follows the principle of unlimited liability.

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Important Questions from Commercial Law

  1. Mark the incorrect statements about the circumstances in which Limited Liability Partnership (LLP) may be
    wound up by the tribunal
    A. Where for a period of more than three months the number of partners is reduced to below two
    B. If the LLP has acted against the interest of the sovereignty and integrity of India
    C. If the LLP has made a default in filing with the Registrar the statement of account and solvency or
    Annual Return for any two consecutive financial years
    D. If LLP is unable to pay its debts
    Choose the correct answer from the options given below:
  2. Which of the following is not provided under the Factories Act, 1948 ?
  3. Employee's Provident Funds and Miscellaneous Provisions Act, 1952 includes:

    A. The Employee's Provident Fund Scheme
    B. The Employee's Pension Scheme
    C. The Employee's State Insurance Scheme
    D. The Employee's Deposit Linked Insurance Scheme

    Choose the correct answer from the options given below:
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