HUF/ Karta Can’t be a Partner in LLP: Clarification- MCA General Circular 2/2016

Whether Hindu Undivided Family (HUF)/ its Karta can become partner/ Designated Partner (DP) in Limited Liability Partnership (LLP)

MCA vide its General Circular No. 2/2016 dt. 15th Jan. 2016 has clarified that an HUF or its Karta cannot become partner or designated partner in LLP, as under:

Reference is invited to General Circular No. 13/2013 wherein, in paragraph 2, it has been clarified that ‘as per section 5 of LLP Act, 2008 only an individual or body corporate may be a partner in a Limited Liability Partnership. A HUF cannot be treated as a body corporate for the purposes of LLP Act, 2008. Therefore, a HUF or its Karta cannot become partner or designated partner in LLP’.

2. However, the clarification inadvertently does not mention partner in the last sentence of the paragraph quoted above which has been pointed out by a stakeholder. It is hereby clarified that a HUF or its Karta cannot become partner or designated partner in LLP.

MCA General Circular 2/2016 dt. 15th Jan., 2016

ICAI Clarification that HUF cannot be a partner but its karta or any individual of HUF can be a partner in a partnership firm in its individual capacity and not the HUF (23 June 2016)

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