Professional Documents
Culture Documents
P Govindan
Received: 29/08/2018
Accepted: 31/10/2018
Section I
Introduction
which finally led to the concept of limited liability partnership. The origin of
the concept of limited liability partnerships can be traced to the growth of
limited liability business forms in United States (Meena & Nainawa, 2010).
The first LLP legislation in the US was passed in Texas in 1991 and limited
liability Signaled comfort with business entity combining statutory limited
liability protection.
The limited liability form most common among domestic firms is chosen
promote domestic investment depending on how business friendly entry
regulations are in the host economy. Service sectors in providing employment
opportunities for the growing workforce and comparatively new form of
business organization in India. For startups, partnership is one of the most
common forms of organization to commence business. Until 2008, any
partnership formed in India implied unlimited liability for the partners. Limited
Liability Partnerships (LLPs), making it possible for every member of an
ordinary partnership to limit their liability.
Govindan: A Study on Growth of Limited Liability Partnerships (LLPs) in India 363
The provisions of the newly enacted Limited Liability Partnership Act, 2008
have been notified for implementation with effect from 31-03-2009. The Limited
Liability Partnership Rules, 2009 have been notified on 01st April 2009. The
provisions relating to conversion of partnership firms, private company and
unlisted public company into LLP came into effect from 31st May 2009. In
India about 95 per cent of the industrial units are small and medium enterprises
(SMEs). As per the survey conducted by the Ministry of Micro, Small and
Medium enterprises (MSME), over 90 per cent of these SMEs are registered as
Proprietorships, about 2 per cent to 3 per cent as Partnerships and less than
2 per cent as Companies. The corporate form does not appear to be widely
prevalent amongst SMEs. On an assessment of the data collected by the Ministry
of MSME, it was found that the high compliance cost under the Companies
Act, 1956 deterred the SMEs from adopting the corporate form.
In this background, a need was felt for a new corporate form that would provide
an alternative to the traditional partnership with unlimited personal liability
on the one hand, and the statute-based governance structure of the limited
liability company on the other, in order to enable professional expertise and
entrepreneurial initiative to combine, organize and operate in a flexible,
innovative and efficient manner. Internationally, Limited Liability Partnerships
(LLPs) are the preferred vehicle of business particularly for the service industry
or for activities involving professionals, especially in countries like the United
Kingdom, United States of America, Australia, Singapore, etc.
The Government has therefore permitted the Limited Liability Partnership form
of business organization in India with a view to creating a facilitating
environment for entrepreneurs, service providers and professionals to meet
the challenges of global competition. Parliament enacted the Limited Liability
Partnership Act, 2008, which was notified on 09.01.2009, and came to effect
on 31.03.2009. The enabling rules were notified on 01.04.2009 and the first
LLP was registered on 02.04.2009. LLP is an alternative corporate business
vehicle that enables professional expertise and entrepreneurial initiative to
combine and operate in a flexible, innovative and efficient manner, providing
benefits of limited liability while allowing its members the flexibility for
organizing their internal structure as a partnership based on an agreement. It
364 Prajnan
The Liability of partners incurred in the normal course of business does not
extend to the personal assets of the partners. It is capable of entering into
contracts and holding property in its own name. An LLP would be able to
fulfill the compliance norms with much greater ease, coupled with limitation
of liability. The corporate structure of LLP and the statutory disclosure
requirements would enable higher access to credit in the market. Only LLPs
with turnover exceeding 40 lakh and contribution exceeding Rs. 25 lakh have
to get their accounts audited, providing for much greater flexibility. The
introduction of LLP form of business is expected to promote entrepreneurship,
particularly in relation to the knowledge based industries, such as the
information technology and biotechnology sectors, and other service providers
and professionals.
all these taxes, which in turn will assist in reducing the hassles of compliances
associated and help in improving tax governance in India (Deo, 2017).
The advantage of GST is that it will replace Indirect Taxes which are levied by
Central and State Government. The GST structure will present a transparent
system which will be helpful to reduce the burden of cascading effect
and it will also improve the tax compliances and tax collection. GST will
prove the uniformity of taxes in all over the country. The GST based taxation
system brings more transparency in taxation system reduces tax theft and
corruption in country. GST is one indirect tax for the whole nation, which will
make India one unified common market. It is a single tax on the supply of
goods and services, right from the manufacturer to the consumer.
This tax reform will lead to creation of a single national market, common tax
base and common tax laws for the Centre and States. This tax reform will be
supported by extensive use of Information Technology, which will lead to greater
transparency in tax burden, accountability of the tax administrations of the
Centre and the States and also improve compliance levels at reduced cost of
compliance for taxpayers. Studies indicate that introduction of GST would
instantly spur economic growth and can potentially lead to additional GDP
growth in the range of 1 per cent to 2 per cent.
Table 1
Comparison of LLP with Partnership Firm,
Public Company and Private Company
Objective
The global business regulatory environment has changed dramatically. Policy
reforms catalyze private investment. Promoting a well-functioning private sector
is a major undertaking for any government. It requires long-term policies of
removing administrative barriers and strengthening laws that promote
entrepreneurship (Georgieva, 2018). The composition and quality of taxation
can have a significant impact on productivity and economic growth. India made
resolving insolvency easier by adopting a new insolvency and bankruptcy code
that introduced organization procedure for corporate debtors and facilitated
continuation of the debtor's business during insolvency proceedings. India
reduced the number of procedures and time required to obtain a building
permit by implementing an online system and made paying taxes easier by
requiring that payments be made electronically and in a historic tax reform,
the goods and services tax was rolled out on 1st July, 2017, subsuming almost
all major indirect taxes enable the new entrants to establish business operations
in India. In this above surroundings this research study examines the Growth
of Limited Liability Partnerships in India, Obligation of Contribution and also
look into sectors-wise Active Limited Liability Partnerships (LLPs) in India as
on 30th June, 2017.
Section II
Literature Review
Fletcher , Hughes and Williams (2013) examined the distribution and sectoral
breakdown of LLPs in the UK, explained the growth in number of LLPs
registered, identified the factors underlying decisions to adopt or not adopt
the LLP form assessed whether the LLP form has encouraged greater economic
activity/likelihood of starting a business, Categorized different forms and types
of LLPs within the SME sector and evaluated the tax benefits and tax incentives
associated with setting up an LLPs.
Sharma and Garg (2014) Attempted issues relating to concepts, various taxation
and implementation of Limited Liability Partnerships. The paper concluded
that inner future, more Limited Liability Partnerships will come into existence
given its advantages over the partnership and company form of organization
in India.
Singh (2007) suggested that suitable changes in the provisions of income tax
related with the taxations issues; because taxation is one the major motivational
factor other then limited liability for the partners of LLPs.
Bharat (2013) concluded that LLP vehicle will be advantageous and will promise
a glowing and blushing future for the Indian business environment. Varottil
(2014) explained political, legislative process, critical aspects of the Indian
LLP Act, and examined some of the challenges and uncertainties that may
derail the success of the LLP form. This study concluded that evolution and
rationale for the LLP Act is extremely relevant and timely, especially given the
limited literature about this business form in India. Gandhi and Thakur
concluded that SMEs which are looking for such a business structure which
has a limited liability along with less cumbersome setting up and taxation
procedures, LLP is the best option to go for and also suggested that these need
to be addressed by the law makers for smooth running of such structure.
Khan, and Azam, Nagma (2012), explained that GST would be beneficial
for the consumers as it reduces the final burden of taxation.
This research paper examined many international and national and research
articles, studies, journals, working papers, books, policy documents, local
and international news papers and seminars edited publications relating to
LLPs. This study investigates and brings out the growth of LLPs. It also examines
obligation of contribution and of economic activity-wise of LLPs in India as on
30th June, 2018.In these environments the current research differs from the
early researches in various ways and presents the existing literature.
Govindan: A Study on Growth of Limited Liability Partnerships (LLPs) in India 369
Section III
Research Methodology
To assess the economic activity-wise number and authorized capital wise active
Limited Liability Partnerships (LLPs) in India as on 30th June, 2018.
Table 1a
Total Number of LLPs Registered and Total Obligation of
Contribution as on 30.06.2018
Financial Year Total Number of Per cent growth Total Obligation Per cent growth
(April to March) LLP Registered over previous year of Contribution over previous
(Rs. in. Crore) year
During the financial year from 2009-10 totally 1,055 LLPs registered, followed
by next financial year 2010-11 totally 3,261 LLPs have been registered,
compared to the previous year's figure of more than two times were increased
for the corresponding period. During the all financial years, year 2011-12 (32per
cent), 2012-13 (20 per cent), 2013-14 (54 per cent), 2014-15 (84 per cent),
2015-16 (49 per cent), 2016-17 (34 per cent) and 2017-18 (22 per cent) are
showed percentage of growth over previous year are in positive growing trend.
Chart 1 depicts the number of LLPs registered during the 2009-10 to
30.06.2018. Total obligation (Rs. in crore) from 01.04.2009 to 30.06.2018
shows as increasing trend except in the 2012-13 indicates at negative growth.
Chart 1
Total number of LLPs Registered as on 31.03.2018
Govindan: A Study on Growth of Limited Liability Partnerships (LLPs) in India 371
Table 2
Number of LLPs Registered Month-Wise
2013-14 to 2017-18
2013-14 2014-15 2015-16 2016-17 2017-18
April 666 562 1,666 1,612 2,576
May 662 531 2,026 2,733 2,723
June 565 825 2,276 2,778 2,720
July 679 1,131 1,949 2,335 3,332
August 531 1,171 1,836 2,328 2,870
September 524 1,235 1,753 2,367 2,675
October 586 963 1,233 2,009 2,692
November 493 1,244 1,704 1,971 2,724
December 722 1,399 1,545 2,308 2,870
January 792 1,526 1,570 2,736 3,269
February 865 1,761 2,154 2,712 2,464
March 897 2,334 2,793 3,518 2,019
Table 2 and Chart 2 give a pictorial representation of the total number of LLPs
registered during the month-wise 2013-14 to 2017-18. It clearly explains the
up and downs of registrations in month-wise LLPs during the study period.
During the year 2013-14 totally 7,982 LLP firms registered, followed by 2014-
15 totally 14, 682 LLP firms registered, during the year 2015-16 totally 22,505
LLP firms registered, 2016-17 totally 29,407 LLP firms registered and during
the year 2017-18 totally 32,934LLP firms registered.
Chart 2
Number of LLPs Registered last financial Year Month-Wise
2013-14 to 2017-18
372 Prajnan
Table 3
Sector-Wise Active Number of LLPs
(As on 30th June, 2018)
Sl. Sectors Number Per cent Obligation of Per cent
No. Contribution (in Rs Lakh)
Table 3 and Chart 3 show that sector wise classification of active LLPs as on
30th June 2018. It indicates service sector account for 87,659 LLPs, followed
by Industry and Agriculture sectors accounting for 24,887 and 2,147
respectively. Chart 3 also show that 76 per cent active number of LLPs in the
service sectors followed by industry sector 22 per cent and agriculture and
allied sectors 2 per cent. Sector wise obligation of contribution (in Rs lakh) of
active LLPs as on 30thJune 2018 reveals that service sector have an account
for obligation of contribution (in Rs. lakh) 4,137,591.79, followed by industry
and agriculture sectors accounting for obligation of contribution (in Rs
lakh)1,646,657.60and obligation of contribution (in Rs lakh) 87,727.27. It
explains that obligation of contribution (in Rs. lakh) 71 per cent in the service
sectors, followed by industry sector 28 per cent and agriculture and allied
sectors 1 per cent.
Chart 3
Sector-Wise Active LLPs
Govindan: A Study on Growth of Limited Liability Partnerships (LLPs) in India 373
Table 4
Economic Activity-wise Active LLPs
(As on 30th June, 2018)
Sl. Economic Activity Number Per cent Obligation of Per cent
No. Contribution (in Rs Lakh)
Table 5
Obligation of Contribution wise Active LLPs
(As on 30th June, 2018)
Sl. Obligation of Contribution Number Active Obligation of Contribution
No. Range LLPs (in Rs Lakh)
Correlation Analysis
Correlation is a bivariate analysis that measures the strength of association
between two variables and the direction of the relationship. In terms of the
strength of relationship, the value of the correlation coefficient varies between
+1 and -1. A value of ± 1 indicates a perfect degree of association between the
two variables. In this study used paired sample t-test for LLPs registrations
before and after implementation of Companies Act 2013 and LLPs registrations
before and after implementation of GST Act 2017.
Govindan: A Study on Growth of Limited Liability Partnerships (LLPs) in India 375
Table 6
LLPs Registrations and
Total Obligation of Contribution
(As on 30th June 2018)
Years Total Number of Total Obligation of Contribution
LLPs Registrations (Rs. in. Crore)
Source: Monthly Information Bulletin on Corporate Sector, March 2014 to June 2018
Hypothesis testing-1
H0: ρ = 0 ("the population correlation coefficient is 0; there is no association")
OR
Table 6.1
Pearson Correlations Test
Results of Correlations
The paired samples correlation Table shows that LLPs registrations and total
obligation of contribution (Rs. in. crore) are significantly highly positively
correlated (r = 0.830).
Table 7
LLPs Registrations Economic Activity-wise Active and
Obligation of Contribution
(As on 30th June, 2018)
Sl. Economic Activity Number of Active Obligation of Contribution
No. LLPs (Rs. in. Lakh)
Hypothesis testing-2
H0: ρ = 0 ("the population correlation coefficient is 0; there is no association")
OR
Table 7.1
Pearson Correlations Test
Number of
Active LLPs Pearson Correlation 1 0.888**
Sig. (2-tailed) 0.000
N 13 13
Results of Correlations
The Paired Samples Correlation Table LLPs registrations economic activity-
wise active and obligation of contribution (Rs. in. lakh) are significantly highly
positively correlated (r = 0.888).
Hypothesis testing-3
Table 8
LLPs Registrations Before and After
Implementation of Companies ACT 2013
Source: Monthly Information Bulletin on Corporate Sector, March 2014 to June 2018
Hypothesis testing-3
H0: μ1 = μ2: There is no difference in the LLPs Registrations after
implementation of Companies Act 2013
Table 8.1
Paired Samples Statistics LLPs Registrations Before and
After Implementation of Companies Act 2013
Table 8.2
Paired Samples Correlations LLPs Registrations Before and
After Implementation of Companies Act 2013
N Correlation Sig.
Table 8.3
Paired Samples Test LLPs Registrations Before and
After Implementation of Companies Act 2013
Paired Differences
LLPs Before
implementation
of Companies
Act 2013
Before
-19699.75 6298.92 3149.46 -29722.74 -9676.76 -6.255 3 0.008
and LLPs After
After implementation
of Companies
ACT 2013
Hypothesis Testing-4
Table 9
LLPs Registrations Economic Activity-Wise Before and
After Implementation of Companies Act 2013
Source: Monthly Information Bulletin on Corporate Sector, March 2014 to June 2018
Hypothesis Testing-4
H0: μ1 = μ2: There is no difference in the LLPs registrations economic
activity-wise after Implementation of Companies Act 2013
Table 9.1
Paired Samples Statistics
Mean N Std. Std. Error
Deviation Mean
Table 9.2
Paired Samples Correlations
N Correlation Sig.
Table 9.3
Paired Samples Test
Paired Differences
Before LLPs registrations -7594.62 11119.06 3083.87 -14313.80 -875.43 -2.463 12 0.030
and economic activity-
After wise before
implementation of
Companies Act 2013
LLPs registrations
economic activity-
wise after
implementation of
Companies Act 2013
Hypothesis testing-5
H0: μ1 = μ2: There is no difference in the LLPs registrations after
implementation of GST Act 2017
Table 10
LLPs Registrations Before and After Implementation of GST Act 2017
Source: Monthly Information Bulletin on Corporate Sector, March 2014 to June 2018
Hypothesis testing-5
Table 10.1
Paired Samples Statistics
Table 10.2
Paired Samples Correlations
N Correlation Sig.
Table 10.3
Paired Samples Test
Paired Differences
Hypothesis Testing-6
Table 11
LLPs Registrations Economic Activity Wise Before and
After Implementation of GSTAct 2017
Sl. Economic Activity-Wise LLPs Registrations Before GST LLPs Registrations After GST
No. 01.04.2009 To 31.03.2014 01.04.2104 To 30.06.2018
Source: Monthly Information Bulletin on Corporate Sector, March 2014 to June 2018
384 Prajnan
Hypothesis Testing-6
H0: μ1 = μ2: There is no difference in the LLPs registrations economic
activity-wise after Implementation of GST Act 2017
Table 11.1
Paired Samples Statistics
Mean N Std. Std. Error
Deviation Mean
Table 11.2
Paired Samples Correlations
N Correlation Sig.
Table 11.3
Paired Samples Test
Paired Differences
Paired Differences
Mean Std. Std. Error 95per cent Confidence t df Sig. (2-tailed) Hypothesis
Deviation Mean Interval of the Difference Results
testing
Lower Upper
H0: μ1 = μ2
Pair 1 LLPs Registrations -19699.75 6298.92 3149.46 -29722.74 -9676.76 -6.255 3 0.008 Accepted
before and after
implementation of
Companies Act 2013
Pair 2 LLPs registrations -7594.62 11119.06 3083.87 -14313.80 -875.43 -2.463 12 0.030 Accepted
economic activity-
wise before and after
implementation of
Companies Act 2013
Pair 3 LLPs Registrations -2.75 866.28 250.07 -553.16 547.66 -0.011 11 0.991 Rejected
before and after
implementation of
GST Act 2017
Pair 4 LLPs Registrations
Economic Activity-
Wise before and
after implementation
of GST Act 2017 739.42 1205.60 348.03 -26.59 1505.42 2.125 11 0.057 Rejected
Govindan: A Study on Growth of Limited Liability Partnerships (LLPs) in India
385
386 Prajnan
Here, we have listed out major findings of the study: The Total number of LLPs
1, 26,733 had been registered with Total Obligation of Contribution (Rs. in
crore) 38,447.21 as on 30.06.2018 in India. Majority of 76 per cent active
number of LLPs had been registered in the service sectors followed by industry
sector 22 per cent and agriculture and allied sectors 2 per cent. Majority of 71
per cent Obligation of Contribution in the service sectors followed by industry
sector 28 per cent and agriculture and allied sectors 1 per cent. Large number
of LLPs are in business services sector 47,285 (41 per cent) followed by trading
sector14, 320 (12 per cent), manufacturing sector 13,496 (11 per cent) and
real estate and renting sector 11,571(10 per cent). It is amounted to 74 per
cent LLPs had been registered. large amount of LLPs Obligation of Contribution
(in Rs lakh) are in business services sector (24 per cent) followed by trading
sector (17 per cent), manufacturing sector (15 per cent) and real estate and
renting sector (14 per cent). It is amounted to 70 per cent LLPs Obligation of
Contribution.
Interestingly about 58.72 per cent active LLPs had been registered (67,351 in
number) have obligation of contribution above 1 lakh to 5 lakh, followed by
(26,804) (23.37 per cent) up to 1 lakh. It indicates that 82.09 per cent active
LLPs obligation of contribution (94,155 in numbers) have obligation of
contribution less than or equal to Rs. 5 lakh each.
Our paired samples correlation table reveals that LLPs registrations and total
obligation of contribution (Rs. in crore) are significantly highly positively
correlated (r = 0.830).
The paired t test result shows that there is growth in LLPs registrations after
implementation of Companies Act 2013 (t = -6.25, p < 0.01).
We have also found that there is no difference in the LLPs registrations before
and after implementation of GST Act 2017 (t is insignificant).
Section IV
Conclusion
This study observes that during the study period growth of Limited Liability
Partnership (LLPs) is phenomenal one. Since its implementation to as on
30th June 2018, a total number of LLPs registered 1,26,733 out of them 1,
14,694 LLPs were active in India. It indicates that positively growing one and
also it indicates that LLPs Act welcomed by investors. It concluded that there
is growth in LLPs registrations and economic activity -wise after implementation
of Companies Act 2013. It concluded that there is no difference in the LLPs
Registrations before and after implementation of GST Act 2017. It is suggested
that various tax reforms need in the GST to increase registration of LLPs.
Comparison of LLPs with Partnership Firm, Public Company and Private
Company shows that LLPs is best innovative vehicle for small and medium
scale Entrepreneurs.
This study also suggests that in order to attract investors to new as well as
existing sectors both state, central governments and other agencies should
take new policy implementations and also revising existing policies. After
implementation historic tax reform in India, like Companies Act 2013, the
goods and services tax was rolled out on 1st July, 2017, subsuming almost all
major indirect taxes facilitates enable the new domestic and foreign entrants
to establish business operations in India. After the economic liberalisation,
with increase in domestic demand, a high return on investment, India has
emerged as a credible investment destination for domestic as well as foreign
investors. In the challenging international business environments, India has
understood the role of strengthening infrastructure for starting new business
venture which will ultimately create more entrepreneurial opportunities in
India.
References
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Model", Global Journal of Management and Business Studies, Vol. 3, No. 10,
pp 1051-1056.
3. Ireland, Paddy (2010), "Limited Liability, Shareholder Rights and the Problem of
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pp 837-856, doi:10.1093/cje/ben040
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388 Prajnan