Sulagna, Sukanya & Associates LLP was formed on 1st November, 2024 to be engaged in the business of manufacturing affordable range of…

CA Intermediate · Corporate and Other Laws · PYQS · September 2025
Sulagna, Sukanya & Associates LLP was formed on 1st November, 2024 to be engaged in the business of manufacturing affordable range of fashionable accessories for women. Sulagna a fashion designer had appointed Shreesh a qualified Chartered Accountant to maintain and finalize the accounts on a January to December basis thereby preparing the financial statements for first two months ending 31st December, 2024. Shreesh differed from the view and advised her for April to March as the financial year thereby urging upon such account finalization from November 2024 to March 2025 instead. Meanwhile Dilip a Karta of a HUF in which Sukanya is also a member has approached the LLP and offered to be admitted as a partner. Considering the provisions of the Limited Liability Partnership Act, 2008, answer the following: (i) Whether the advice of Sulagna for maintaining the accounts on January to December basis hold good at law? (ii) Whether the offer given by Dilip to induct the HUF as a partner be considered? (iii) What would be your answer if instead of Dilip, a Charitable Trust had approached to become a partner in the LLP?

Suggested Answer and Working Notes:

(i) As per section 2 (1) (I) of the LLP Act, 2008, “Financial year”, in relation to a LLP, means the period ending on the 31st day of March every year; Provided that in the case of a limited liability partnership incorporated on or after the 1st day of October of a year, the financial year may end on the 31st day of March of the following year. In terms of the above provision, advice of Sulagna for maintaining the accounts on January to December basis is not valid. (ii) Section 5 of the Limited Liability Partnership Act, 2008 provides that any individual or body corporate can be a partner in LLP. However, it has been clarified vide MCA General Circular No. 13/2013 dated 29th July, 2013 read with MCA General Circular No. 2/16 dated 15th January, 2016 that a HUF cannot be treated as a body corporate for the purposes of LLP Act, 2008. Therefore, a HUF or its Karta cannot become a partner or designated partner in LLP. Hence, Dilip cannot be inducted as a partner to the LLP. (iii) The answer would be the same as a trust is not a body corporate in India. A trust is a legal arrangement for managing property for the benefit of another person, called the beneficiary. The person who manages the property is called the trustee. Hence, in that case too such Charitable Trust could not be inducted as a partner to the LLP.

Topics: The Limited Liability Partnership Act, 2008

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