Can anyone please provide me draft documents required for execution of event in case of death of designated partner & Partner in an LLP under llp act, 2008 . we want to execute the death case of partner and appointment of new designated partner in his place and intimate and get it done with ROC , MCA and Other Goverment Authorities .
can you please send me step wise process along with draft documentations .
when to surrender his DPIN etc
accounting treatments and other things i am aware of need legal aspects to be done with ROC AND MCA . part - VIII OF LLP RULES , CESSATION OF PARTNERSHIP INTEREST WILL COME INTO PLAY STILL NEED STAGES AND DETAILED PROCESS AND DRAFT DOCUMENTATIONS .
PLEASE HELP ME IN THIS REGARD ITS VERY URGENT .
24. CESSATION OF PARTNERSHIP INTEREST.—(1) A person may cease to be a partner of a limited liability partnership in accordance with an agreement with the other partners or, in the absence of agreement with the other partners as to cessation of being a partner, by giving a notice in writing of not less than thirty days to the other partners of his intention to resign as partner. (2) A person shall cease to be a partner of a limited liability partnership— (a) on his death or dissolution of the limited liability partnership; or (b) if he is declared to be of unsound mind by a competent court; or (c) if he has applied to be adjudged as an insolvent or declared as an insolvent. (3) Where a person has ceased to be a partner of a limited liability partnership (hereinafter referred to as "former partner"), the former partner is to be regarded (in relation to any person dealing with the limited liability partnership) as still being a partner of the limited liability partnership unless— (a) the person has notice that the former partner has ceased to be a partner of the limited liability partnership; or (b) notice that the former partner has ceased to be a partner of the limited liability partnership has been delivered to the Registrar. 12 (4) The cessation of a partner from the limited liability partnership does not by itself discharge the partner from any obligation to the limited liability partnership or to the other partners or to any other person which he incurred while being a partner. (5) Where a partner of a limited liability partnership ceases to be a partner, unless otherwise provided in the limited liability partnership agreement, the former partner or a person entitled to his share in consequence of the death or insolvency of the former partner, shall be entitled to receive from the limited liability partnership— (a) an amount equal to the capital contribution of the former partner actually made to the limited liability partnership; and (b) his right to share in the accumulated profits of the limited liability partnership, after the deduction of accumulated losses of the limited liability partnership, determined as at the date the former partner ceased to be a partner. (6) A former partner or a person entitled to his share in consequence of the death or insolvency of the former partner shall not have any right to interfere in the management of the limited liability partnership.
1. What will be place of supply in case of Books in Hard Copies delivered to place outside India & address in records exits and Payment to be receive in INR through him or relative in India ? Also, whether same will be consider as export of goods in term of taking anything being movable outside India.
Further, Can same can be presented in Balance Sheet as Export of Goods ?
What will in case Books sent via Email in soft copies ?
2. What will be place of supply in case of Online Tution/coaching provide to student siting outside India & address in records exits and payment received in INR through his account or his relative in India. Whether
Further, Can same can be presented in Balance Sheet as Export of Services ?
Whether the recorded transcript should be available on the website of company?
Click here to view / answer Share it onThere is no need to hold AGM for an OPC. So what should be the Date of AGM and the due date of AGM in AOC-4 and MGT-7 form?
Click here to view / answer Share it onShare Draft MOA in case of Conversion of LLP into Private Limited Company
conversion
case
Hi all
Please confirm the Statutory Audit and Tax Audit Applicability in Case of LLP.
Also if turnover was less than 40 lakhs in last financial year but it has exceed few days back then how auditor appointment will take place.
Little urgent. Kindly Guide,
"For further reference or any query, Please feel free to contact us."
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applicability
auidt
statutory
Company is engaged in providing transport service. GST has to be paid under RCM method by the service receiver. Now, in one cases company itself is paying GST under Forward Charge Mechanism(FCM) approach. Can it be possible to opt RCM in few cases & FCM in few cases.
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Dear Members,
As per Section 149(3) Every company shall have at least one director who stays in India for a total period of not less than one hundred and eighty-two days during the financial year:
Provided that in case of a newly incorporated company the requirement under this sub-section shall apply proportionately at the end of the financial year in which it is incorporated.]
and further as per Circular No 25/2014 dated 26th June, 2014 Companies incorporated after 30/09/2014 needs to have the resident director from the date of incorporation itself.
Suppose, Company was incorporated on 01.12.2019.
how to check the resident status of the first director in case of newly incorporated company?
Respected Members,
On which stamp duty need to be paid on face value or consideration price on issuance of share certificate in case of merger in state of Gujarat ?
Dear Member,
We are in process to merger of Company A & B. The Company A (Transferor Company) Hold 8.36 % in Company B(Transferee Company) and Company B (Transferee Company ) Hold 19.27% in Company A (Transferor Company).
Since the existence of Transferor Company do not exist , what shall be effect of the share holding of both Company in each other.
We being auditor of our client company, can we give the valuation report in case of merger of the clients Company. Whether this service is prohibited under section 144 of the companies Act, 2013.
Dear Members,
If Members of OPC died. Can nominee become the director cum member in the company. As there was only one director (who was member) in the company.?
If yes how to apply for DIN of the proposed director/nominee as the member is not in existence ??
