Whether huf can be partner of llp?

jayesh sharma (Querist) 20 April 2013 This query is : Resolved
Dear Members,

Please clarify me on the aspects of HUF as partner /designated partner of LLP. The LLP act is silent on the above matter.

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Amit Soni (Expert) 20 April 2013
Jayesh,

According to section 5 only two persons can be a partner in LLP i.e. 1. Individual & 2. Body Corporate.
As per the definition u/s 2(d) body corporate means a company defined u/s 3 of Companies act and Includes LLP registered under this act and LLP incorporated outside India and a Company incorporated outside India.
After reading above answer to your question is negative. As HUF is not a body corporate so it can't be a member of LLP.

prabhakar singh (Expert) 20 April 2013
Mr. Amit Soni has very correctly let you conceive what does it mean when an Act does
not speak!

R.K Nanda (Expert) 20 April 2013
no more to add.

jayesh sharma (Querist) 22 April 2013
thanks a lot for your suggestions.

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