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Microlesson · 5-min read

Key Definitions under the LLP Act, 2008 [Section 2]

## Key Definitions under the LLP Act, 2008

These definitions show up routinely in MCQs and case-style questions. Memorise both the inclusions and the exclusions.

### 1. Address — Sec. 2(1)(a)

In relation to a partner of an LLP, address means:

  • if an individual — his usual residential address; and
  • if a body corporate — the address of its registered office.

### 2. Body Corporate — Sec. 2(1)(d)

Means a company as defined in clause (20) of section 2 of the Companies Act, 2013 AND includes

  • An LLP registered under the LLP Act;
  • A LLP incorporated outside India; and
  • A company incorporated outside India.

But does NOT include

  • A corporation sole;
  • A co-operative society registered under any law; and
  • Any other body corporate notified by the Central Government in the Official Gazette as being excluded.

### 3. Business — Sec. 2(1)(e)

Includes every trade, profession, service and occupation, except any activity that the Central Government may, by notification, exclude.

### 4. Chartered Accountant — Sec. 2(1)(f)

A CA as defined under section 2(1)(b) of the Chartered Accountants Act, 1949, who has obtained a Certificate of Practice under section 6(1) of that Act.

### 5. Entity — Sec. 2(1)(k)

Any body corporate, AND — for the purposes of sections 18, 46, 47, 48, 49, 50, 52 and 53 — also includes a firm set up under the Indian Partnership Act, 1932.

### 6. Name — Sec. 2(1)(p)

In relation to a partner of an LLP:

  • if an individual — forename, middle name and surname;
  • if a body corporate — its registered name.

### 7. Regional Director — Sec. 2(1)(ra)

A person appointed as such by the Central Government for the purpose of the LLP Act or the Companies Act, 2013.

### 8. Registrar — Sec. 2(1)(s)

A person appointed by the Central Government as Registrar, Additional Registrar, Joint Registrar, Deputy Registrar or Assistant Registrar for the purpose of the LLP Act or the Companies Act, 2013.

Worked example

### Example 1

Q. Is a co-operative society registered under the Maharashtra Co-operative Societies Act a 'body corporate' under the LLP Act?

A. No. Section 2(1)(d) expressly excludes a co-operative society from the definition of body corporate.

### Example 2

Q. Mr. X is a CA who has cleared the final exam but does not hold a Certificate of Practice. Is he a 'Chartered Accountant' for the purpose of the LLP Act?

A. No. Section 2(1)(f) requires that he must hold a Certificate of Practice under Section 6(1) of the Chartered Accountants Act, 1949.

⚠️ Common exam mistakes

  • Treating a corporation sole (e.g., a bishop, a Crown post) as a body corporate under the LLP Act — it is specifically excluded.
  • Forgetting the 'CoP requirement' for the definition of a Chartered Accountant.
  • Assuming that for the partner's 'address' you can use a business address — for an individual, only the usual residential address counts.
Bare-Act text Section 2 · Limited Liability Partnership Act, 2008 · click to expand
Section 2(1)(d): 'Body corporate' means a company as defined in clause (20) of section 2 of the Companies Act, 2013 and includes — (i) a limited liability partnership registered under this Act; (ii) a limited liability partnership incorporated outside India; and (iii) a company incorporated outside India, but does not include — (i) a corporation sole; (ii) a co-operative society registered under any law for the time being in force; and (iii) any other body corporate (not being a company as defined in clause (20) of section 2 of the Companies Act, 2013 or a limited liability partnership as defined in this Act), which the Central Government may, by notification in the Official Gazette, specify in this behalf.
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