Designated Partner in LLP??

Alok saxena (Querist) 23 March 2011 This query is : Resolved
Whether an Advocate can be a designated partner in a business LLP (not a law firm LLP) in view of Advocates ACt and Bar Council Rules?? If so how?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 23 March 2011
an advocate can not take part directly in any business.

Devajyoti Barman (Expert) 23 March 2011
If LLP deals in directly with the matters to Law, then he can be partner.

SURESHKUMAR.S (Expert) 24 March 2011
I am afraid ,but i am having contra suggestion. As per Advocate's Act, Part IV Ch-II-RULES GOVERNING ADVOCATES, not prohibiting becoming a member or director .-what is prohibited is representing such organisation, forum,corporation etc in which he is a member.
Refer;
'advocate shall not appear in or before any court or tribunal or any other authority for or against an organisation or an institution, society or corporation, if he is a member of the Executive Committee of such organisation or institution or society or corporation. “Executive
Committee ”, by whatever name it may be called, shall include any Committee or body of persons which, for the time being, is vested with the general management of the affairs of the organisation or institution, society or corporation..
Advocate can become a designated partner in a firm apart from law firm but he should not be an active partner but a sleeping partner and he should not represent in any courts for such a firm.

SURESHKUMAR.S (Expert) 24 March 2011
Also BCI rules- Part-VI , ch-III, Rule-2 -he cannot become a partner in a profit sharing business. in the sense, an advocate can become a designated partner -sleeping partner-not to share any profits.

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