Query: LLP Areement executed before Incorporation

[Heny Pahuja]

Dear All,

One of my client has executed LLP agreement before incorporation certificate received by LLP.

And has paid 15000 stamp duty .

Can we file Form-3 LLP now with old franking challan?

Plz rply ,its urgent .

[CS V Kartik]

No. Even in the name a availability letter, it's clearly mentioned that the same is just a name availability & by virtue of this, the parties can't enter into agreement in the name of LLP prior to incorporation.

Hence its invalid. Pls prepare a revised agreement with a date after incorporation (within 30 days of incorporation)

[Manavi Associates]

Dear Member,

you can change the date (on or after incorporation date ) in the agreement and take the counter signatures of all partners.

Thanks & Regards
Manavi Team

   040 - 2755 7297               3-4-1013/2/3, ICICI Bank Lane,
        040 - 6677 7297                     Opp. St. Peter’s Primary School,
   +91 8332857297                    Barkatpura, Kachiguda, Hyderabad,
                                                            Telangana, India – 500027

   https://goo.gl/maps/zJTHrEoXT382

On Thu, 11 Jul 2019 at 20:46, CS V Kartik <karv...@gmail.com> wrote:

No. Even in the name a availability letter, it's clearly mentioned that the same is just a name availability & by virtue of this, the parties can't enter into agreement in the name of LLP prior to incorporation.

Hence its invalid. Pls prepare a revised agreement with a date after incorporation (within 30 days of incorporation)

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[RISHI]

There is nothing to worry about it.  if you check the column 5(iii) of Form 3, here is clearly written that "Date of Ratification, in case initial Agreement was made prior to incorporation". In one of my case, LLP was incorporated on 17-11-2015 and agreement was made on 03-11-2015.. Then we enclosed the ratification and adoption of agreement w.e.f. 17--1-2015  alongwith CA certificate and the form was approved by the MCA.

[Heny Pahuja]

Thanks 

Can you send me the ratification and adoption of agreement format .

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