Conversion of company to llp

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We are going to convert one Company to LLP. Now as per LLP Act, all shareholders will be partners in LLP. In Company sharehoders are having shares in their personal as well as HUF capacity. Now my queries are as follows:

1. Will the shareholders in their personal as well as HUF capacity held Partnership in LLP?

2. can he be designated Partner in LLP?

3. If he hold Partnership in individual as well as HUF capacity, then do I have to take two DPIN, one for individual and one for HUF?

Please reply. Thanks in advance.

Replies (2)

Hello  Ekta,

As per section 5 of LLP Act 2008, only an individual or a body corporate can become partner in LLP.

HUF is not a body corporate and hence HUF cannot be a partner in LLP.

this is my understanding.

 

Hi Ekta,

Only Individual & Body Corporate can be partner of LLP. Find the cricular issued by MCA on dt. 29.07.2013 https://www.mca.gov.in/Ministry/pdf/General_Circular_13_2013_LLP.pdf

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