Liability of partners of llp

146 views 5 replies
Hello Everyone, Is there any provision in the LLP Act which says that the liability of the partners would be limited to a particular amount, No matter the quantum of Penalty imposed on the LLP? There is a case in which a penalty of 14 lakhs is imposed on a LLP for the Non Compliance of provision of LLP. I want to know that are the partners liable to pay the penalty amount of 14 lakhs OR Their Liablity would be Limited to the Extent of the Capital contributed by them. If anyone knows anything, please advise.
Replies (5)

Hai Rishabh,

Liabillity of partners in LLP is limited to the share mentioned in LLP agreement.

it is basic concept of LLP

 



 

Hi Vinay

It means the partners would not be liable to pay the penalty amount of 14 lakhs if it exceeds the amount of capital contributed by them?

Please advise.

It varies from case to case.

if penalty arising from fraudulent acts (to defraud creditors & any other person or for any fraudulent purpose)

every person(partner) shall be punishable with 2 years imprisonment and penalty of 50,000 to 5,00,000

what if the returns of LLP are not filed for 5 years and a penalty of 5 lakh is levied on the LLP.
are the partners required to pay the penalty of 5 lakh or their liablity to pay fine would be limited to amount contributed by them as per LLP agreement??
please advise.

The liability to pay Rs 14 lacs is of LLP and not the partners. Hence, Partners are not liable to pay it from their own pockets. However, Liability will always remain on LLP. LLP will have to pay such penalties, else ROC can take necessary action on LLP.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register