Notarization of LLP Agreement_Issues raised by ROC

[CS Kishan Thoria]

Dear Experts, 

There are divergent views as to execution of LLP Agreement. 

Few professionals are of the view that they've never come across the requirement of notarizing the LLP Agreement & stamping / franking is sufficient for registration with ROC. 

Whereas, few members in this group has got re-submission of Form-3 from ROC on the grounds that the document is not notarized. 

Can someone take a clear stand on the said issue with the help of legal provision ? 

Regards, 

Kishan 

[Law Firm]

Hello,

It is a good practice to have any and all such vital documents Notarised to ensure authentication and authenticity in case of future needs and situations. The very purpose of Legal documentation is authentic record. Notary serves this purpose. Almost a pre-certification before Registry receives & vets it. 

Best,

PVR LAWS

( Stay safe; stay indoors; stay healthy ).

--
--
************************************************
Mail your comments, feedback and suggestions on CSMysore to Moderator: datta...@gmail.com and Manager: vivekhe...@gmail.com
---
You received this message because you are subscribed to the Google Groups "CSMysore" group.
To unsubscribe from this group and stop receiving emails from it, send an email to csmysore+u...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/0a0426b5-0329-4353-8ae9-e8f9f42c29ba%40googlegroups.com.

[Naveen Kumar]

I have incorporated number of LLP in U.P. but never ever i have notarized any LLP agreement till now and all the agreement has been approved without any re-submission.

but different ROC can ask for such notarization of LLP agreement but In U.P. not required.

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAJdewSyawED5CBwj-uizqdXBaKyXg7RXvk2vWxPOC5-i9MAFyQ%40mail.gmail.com.

--

​Thanks & Regards

CS Naveen Kumar

(Practicing Company Secretary)

Mo. No. - 9452865114

[Neha Bhatt]

Dear All, 

A notarized document helps to verify that you are the one signing the document. So, the sole purpose of notarizing a document is to prevent any kind of document fraud and or identity theft by preventing someone from presenting a forged document. A notarized letter which is certified by a notary public also helps in protecting the rights of the citizens who might otherwise be exploited and also a lot of court proceedings may be avoided if the document of a transaction is certified by a notary. 

As per Notary Act, 1952, 

“instrument” includes every document by which any right or liability is, or 

purports to be, created, transferred, modified, limited, extended, suspended, 

extinguished or recorded;

Hence the LLP agreement is an instrument which has features of the above definition, thus notary is required. 

Regards, 

CS Neha Bhatt

[Law Firm]

Well said. More importantly,a responsible professional with law qualifications and recognition from the Government certified that the concerned parties did indeed execute and attest to the document in question.

Best,

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAJX7KsQW1X3YK2-TRrxT0TAFMpx5XQe0pj2vLBdVL_q68hT3BA%40mail.gmail.com.

[V Kartik]

This is what I was trying to convey in my earlier mail. But some members were of the opinion that the same is not required. Hence I had to stop from commenting further.

Kartik

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAJdewSz7k7Dw8XCE-XE5LkK41L4-mdUxZQcrCaZTQ7Sy8UGuyw%40mail.gmail.com.

[Law Firm]

Happens. Practice teaches more than wears taught through books. That’s in-depth study. All the very best to all of our learned members lending time and sharing mind,for a common good! 

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CADoe2_Hkrep4kAHb%2BzFRMtWHFT199R5g7qFN2N%3Dy0sUiDq2H_Q%40mail.gmail.com.

[Naveen Kumar]

Law demand many thing but sometimes Law officer themselves not follow the rule and regulation, even many things are not written any of the Act or rules but they demand.

So it is not necessary every time to follow what is written in the Act or rule instead do the practical thing which is more important but ultimately everyone see the result not the way how u do this.

some members say it require notarize but some say not required it, So main point is that some ROC ask for notarize but few ROC not and we members are giving their views and sharing experience.

Anyways everyone do according to your knowledge and experience and close this topic.         

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CAJdewSxXmvcTv7X2h66Lkhyn8QjZQ076p%3DBjQh-Jw%3DFG6rNvfQ%40mail.gmail.com.

[CS Kishan Thoria]

Dear Experts,

All of yours opinions / views are highly appreciated.

Thanks a lot !!

Regards,

Kishan Thoria

You received this message because you are subscribed to a topic in the Google Groups "CSMysore" group.
To unsubscribe from this topic, visit https://groups.google.com/d/topic/csmysore/Bj75Ntz9xig/unsubscribe.
To unsubscribe from this group and all its topics, send an email to csmysore+u...@googlegroups.com.
To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/CABK2jOi0EN7Udu959VXfa%2Bp3sm7fbrSmykj4FmsVu6A3dO2jWw%40mail.gmail.com.

[Ramaswami Mohan]

Appreciate what CS Naveen Kumar feels about this issue. The ROC staff need to take a very liberal and lenient view on such issues and matters rather than going by the rule book. Only then Make in India and Ease of Doing Business can be a success. But contrary to this, the MCA and ROC staff only want the issues and problems to be escalated within their domain, and not to be brought to the notice of the Ministry or to the PMO's Office etc .  

There has never been a standardized procedure or practices. Yes , some are State Government laws and some a Central Govt Laws as for instance the Stamp Act. In so far as the Companies Act and Rules thereunder are concerned, The Govt should make it clear that Cos Act overrides all other Acts  and then stick to one idea or concept for a reasonable length of time.

This issue regarding Standardization all over the country and with all the ROCs and MCA Departments across the country should be strongly represented with MCA and the Secretary to the Ministry.

Otherwise we Professionals would be wasting our time and the time of our clients.

views of others welcome 

regards,

Mohan

To view this discussion on the web visit https://groups.google.com/d/msgid/csmysore/c98g02691i4686lsbh4o21jn.1590571726245%40email.android.com.

--

CS. R.  Mohan
Mobile: 9908814677