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CMA Intermediate · Business Laws and Ethics · Limited Liability Partnership Act, 2008

Which of the following is a feature of an LLP under section 3 of the LLP Act, 2008 that supports the limited extent of liability of its partners?

An LLP is a body corporate and a legal entity separate from its partners. This separate personality is why its obligations are its own and not the personal obligations of the partners. A change in partners does not affect its existence.

  1. AIt is a legal entity separate from its partnersCorrect
  2. BIt must have at least one partner who is a company
  3. CIt can carry on business only for a fixed term
  4. DIt ceases to exist on a change in its partners

Explanation

Section 3(1) makes the LLP a body corporate and a legal entity separate from its partners, which underlies the rule that its obligations are its own. Section 3(2) gives perpetual succession, and 3(3) says a change in partners does not affect its existence, so the last option is wrong.

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