LLP Company

Limited liability partnership

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A limited liability partnership (LLP) is a partnership in which some or all partners (depending on the jurisdiction) have limited liability. It therefore exhibits elements of partnerships and corporations.^[1] In an LLP one partner is not responsible or liable for another partner's misconduct or negligence. This is an important difference from that of a limited partnership. In an LLP, some partners have a form of limited liability similar to that of the shareholders of a corporation.^[2] In some countries, an LLP must also have at least one "general partner" with unlimited liability. Unlike corporate shareholders, the partners have the right to manage the business directly. As opposed to that, corporate shareholders have to elect a board of directors under the laws of various state charters. The board organizes itself (also under the laws of the various state charters) and hires corporate officers who then have as "corporate" individuals the legal responsibility to manage the corporation in the corporation's best interest. An LLP also contains a different level of tax liability from that of a corporation.

Limited liability partnerships are distinct from limited partnerships in some countries, which may allow all LLP partners to have limited liability, while a limited partnership may require at least one unlimited partner and allow others to assume the role of a passive and limited liability investor. As a result, in these countries the LLP is more suited for businesses where all investors wish to take an active role in management.

There is considerable confusion between LLPs as constituted in the U.S. and that introduced in the UK in 2001 and adopted elsewhere - see below - since the UK LLP is, despite the name, specifically legislated as a Corporate body rather than a Partnership.

Contents [hide] 1 National variations 1.1 Canada 1.2 China 1.3 Germany 1.4 Greece 1.5 India 1.6 Japan 1.7 Kazakhstan 1.8 Poland 1.9 Romania 1.10 Singapore 1.11 United Kingdom 1.12 United States 2 See also 3 Notes 4 External links

...

India

The Limited Liability Partnership Act 2008 was published in the official Gazette of India on January 9, 2009 and has been notified with effect from 31 March 2009. However, the Act, has been notified with limited sections only.^[4]. The rules have been notified in the official gazette on April 1, 2009. The first LLP was incorporated in the first week of April 2009.

In India for all purposes of taxation, an LLP is treated like any other partnership firm.

The salient features of the LLP Act, 2008 are as under:-

1. The LLP has an alternative corporate business vehicle that would give the benefits of limited liability but allows its members the flexibility of organizing their internal structure as a partnership based on an agreement.

2. The LLP Act does not restrict the benefit of LLP structure to certain classes of professionals only and would be available for use by any enterprise which fulfills the requirements of the Act.

3. While the LLP has a separate legal entity, liable to the full extent of its assets, the liability of the partners would be limited to their agreed contribution in the LLP. Further, no partner would be liable on account of the independent or unauthorized actions of other partners, thus allowing individual partners to be shielded from joint liability created by another partner’s wrongful business decisions or misconduct.

4. LLP shall be a body corporate and a legal entity separate from its partners. It will have perpetual succession. Indian Partnership Act, 1932 shall not be applicable to LLPs and there shall not be any upper limit on number of partners in an LLP unlike an ordinary partnership firm where the maximum number of partners can not exceed 20, LLP Act makes a mandatory statement where one of the partner to the LLP should be an Indian.

5. Provisions have been made for corporate actions like mergers, amalgamations etc.

6. While enabling provisions in respect of winding up and dissolutions of LLPs have been made, detailed provisions in this regard would be provided by way of rules under the Act.

7. The Act also provides for conversion of existing partnership firm, private limited company and unlisted public company into a LLP by registering the same with the Registrar of Companies (ROC)

8. Nothing Contained in the Partnership Act 1932 shall effect an LLP.

9. The Registrar of Companies (Roc) shall register and control LLPs also.

10. The governance of LLPs shall be in electronic mode based on the successful model of the present Ministry of Corporate Affairs Portal. Visit LLP Portal to register a new LLP.

Benefits of ISO 9001

Communiqué
Expected Outcomes for Accredited Certification to ISO 9001
The International Accreditation Forum (IAF) and the International Organization for Standardization (ISO) support the following concise statements of outcomes that are to be expected as a result of accredited certification to ISO 9001. The intent is to promote a common focus throughout the entire conformity assessment chain in order to achieve these expected outcomes and thereby enhance the value and relevance of accredited certification.
ISO 9001 certification is frequently used in both private and public sectors to increase confidence in the products and services provided by organizations, between partners in business-to-business relations, in the selection of suppliers in supply chains and in the right to tender for procurement contracts.
ISO is the developer and publisher of ISO 9001, but does not itself carry out auditing and certification. These services are performed independently of ISO by certification bodies. ISO does not control such bodies, but does develop voluntary International Standards to encourage good practice in their activities on a worldwide basis. For example, ISO/IEC 17021 specifies the requirements for bodies providing auditing and certification of management systems.
One option for certification bodies wishing to provide further confidence in their services is to apply to be accredited as competent by an IAF recognized national accreditation body. The IAF is an international association whose membership includes the national accreditation bodies of 49 economies. ISO does not control such bodies, but does develop voluntary International Standards such as ISO/IEC 17011 which specifies the general requirements for carrying out accreditation.
NOTE: Accredited certification is only one way that an organization may demonstrate conformity to ISO 9001. ISO does not promote accredited certification over other conformity assessment methodologies.
Expected Outcomes for Accredited Certification to ISO 9001
(from the perspective of the organization’s customers)
“For the defined certification scope, an organization with a certified quality management system consistently provides products that meet customer and applicable statutory and regulatory requirements, and aims to enhance customer satisfaction.”
Notes:
a. “Products” also include “services.”
b. Customer requirements for the product may either be stated (for example in a contract or an agreed specification) or generally implied (for example in the organization’s promotional material, or by common practice for that economic/industry sector).
c. Requirements for the product may include requirements for delivery and post-delivery activities.
What accredited certification to ISO 9001 means
To achieve conforming products, the accredited certification process is expected to provide confidence that the organization has a quality management system that conforms to the applicable requirements of ISO 9001. In particular, it is to be expected that the organization:
A. has established a quality management system that is suitable for its products and processes, and appropriate for its certification scope
B. analyzes and understands customer needs and expectations, as well as the relevant statutory and regulatory requirements related to its products
C. ensures that product characteristics have been specified in order to meet customer and statutory/regulatory requirements
D. has determined and is managing the processes needed to achieve the expected outcomes (conforming products and enhanced customer satisfaction)
E. has ensured the availability of resources necessary to support the operation and monitoring of these processes
F. monitors and controls the defined product characteristics
G. aims to prevent nonconformities, and has systematic improvement processes in place to
1. Correct any nonconformities that do occur (including product nonconformities that are detected after delivery)
2. Analyze the cause of nonconformities and take corrective action to avoid their recurrence
3. Address customer complaints
H. has implemented an effective internal audit and management review process
I. is monitoring, measuring and continually improving the effectiveness of its quality management system
What accredited certification to ISO 9001 does not mean
1) It is important to recognize that ISO 9001 defines the requirements for an organization’s quality management system, not for its products. Accredited certification to ISO 9001 should provide confidence in the organization’s ability to “consistently provide product that meets customer and applicable statutory and regulatory requirements”. It does not necessarily ensure that the organization will always achieve 100% product conformity, though this should of course be a permanent goal.
2) ISO 9001 accredited certification does not imply that the organization is providing a superior product, or that the product itself is certified as meeting the requirements of an ISO (or any other) standard or specification.

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ISO/TS 16949:2009 Changes

Whittington Page 1 of 8 July 2009
Introduction
The third edition of the automotive quality standard, ISO/TS 16949:2009, has been published to include the text of ISO 9001:2008. ISO/TS 16949:2009 replaces ISO/TS 16949:2002 and can be ordered at this AIAG web page.
ISO/TS 16949:2009 can be ordered in hard copy or electronic format at an AIAG member price of $30 or a non-member price of $90. You are allowed to print two copies of the e-standard PDF file before storing it on your hard drive.
ISO/TS 16949:2009 was developed by the International Automotive Task Force (IATF). Along with the embedded ISO 9001:2008 text, it defines the quality management system requirements for the design and development, production and, when relevant, installation and service of automotive-related products. ISO/TS 16949:2009 is applicable to sites where customer-specified parts, for production and/or service, are manufactured.
Transition
The IATF provided the following transition information to Certification Bodies:
1. No New Requirements ISO/TS 16949:2009 introduces no new or changed requirements. The incorporated ISO 9001:2008 standard is based on clarifications or amendments to ISO 9001:2000 and those intended to improve consistency with ISO 14001:2004. 2. Application Certification Bodies and Organizations are expected to understand and apply the amendments in ISO/TS 16949:2009. Application of the clarifications related to ISO 9001:2008 requirements is effective no later than 120 days after the release of ISO/TS 16949:2009. 3. Certification Status to ISO/TS 16949:2002 The certification status to ISO/TS 16949:2002 remains in effect for the certification life. Certification to ISO/TS 2009 will be recognized with the effective date of the release of ISO/TS 16949:2009. Certification to ISO/TS 16949:2009 is not an upgrade and its term is the same as the current ISO/TS 16949:2002 certificate. 4. Certificates Issued to ISO/TS 16949:2009 IATF recognized certificates to ISO/TS 16949:2009 may be issued upon request by an organization (client) after official publication and after a regularly scheduled surveillance audit, but are not required until the next recertification audit.
ISO/TS 16949:2009 Changes
Whittington Page 2 of 8 July 2009
Key Differences
ISO/TS 16949 incorporates text from the ISO 9001 standard within boxed sections. The text unique to ISO/TS 16949 is included outside the boxed ISO 9001 sections.
Most of the differences in ISO/TS 16949:2009 compared to ISO/TS 16949:2002 are due to including the ISO 9001:2008 standard to replace the old ISO 9001:2000 text. You can see these ISO 9001:2008 changes at this Whittington & Associates web page.
The changes in the unique ISO/TS 16949:2009 text are described below. Deleted ISO/TS 16949:2002 text is indicated with strikethroughs. The new ISO/TS 16949:2009 text is underlined and highlighted in yellow.
Most of the differences in ISO/TS 16949:2009, beyond those in the boxed ISO 9001:2008 text, were to:
1. Change from “product quality” to “conformity to product requirements” in multiple places for consistency with the same change made in ISO 9001:2008.
2. Change from “regulatory” requirements to “statutory and regulatory” requirements in multiple places for consistency with the same change made in ISO 9001:2008.
3. Modify the titles for clauses 6.2.2 and 7.6 to match the changed titles in ISO 9001:2008.
4. Replace “ISO 9001:2000” with “ISO 9001:2008” and “ISO 9000:2000” with “ISO 9000:2005”.
5. Add new references in the Bibliography section and remove the withdrawn standards.
ISO/TS 16949:2009 Changes
Title Page 2nd 3rd Edition, 2002-03-01 2009-06-15 Quality management systems - Particular requirements for the application of ISO 9001:20002008 for automotive production and relevant service part organization.
Page ii The content inside the boxed text of this document is ISO 9001:20002008 text and protected by the above copyright statement.
ISO/TS 16949:2009 Changes
Whittington Page 3 of 8 July 2009
The text outside the boxes has been originated by the International Automotive Task Force. Copyright for this text is held by ANFIA, CCFA/FIEV, SMMT, VDA (see below) and the car manufacturers Daimler/Chrysler, Ford Motor Company, General Motors Corp, PSA Peugeot Citroen, Renault.
ISO/TS 16949:2009 Changes
Whittington Page 4 of 8 July 2009
Contents
(The changed entries in the table of contents are shown below)
0.3.1 IATF Guidance to ISO 16949:2002 2 Normative References 6.2.2 Competence, training, and awareness and training 6.4.1 Personal safety to achieve conformity to product quality requirements 7.4.1.1 Statutory and Rregulatory conformity 7.4.3.1 Incoming product quality conformity to requirements 7.6 Control of monitoring and measuring devices equipment Note: In this table of contents, the ISO 9001:20002008 headings are normal type face, IATF headings are in italics
Foreword International Standards are drafted in accordance with the rules given in the ISO/IEC Directives, Part 32.
An ISO/PAS or ISO/TS is reviewed after three years with a view to deciding whether it should be confirmed for a further three years, revised to become an International Standard, or withdrawn. In case of a confirmed ISO/PAS or ISO/TS, it is reviewed again after six years at which time it has to be either transposed into an International Standard or withdrawn. ISO/TS 16949:20022009 was prepared by the International Automotive Task Force (IATF) and Japan Automotive Manufacturers Association, Inc. (JAMA), with support from ISO/TS 176, Quality management and quality assurance. This secondthird edition of ISO/TS 16949 cancels and replaces the firstsecond edition (ISO/TS 16949:19992002), which has been technically revisedamended according to ISO 9001:2008. Boxed text is original ISO 9001:20002008 text.
Remarks for certification
(A few changes were made to the list of local oversight bodies) Associazione Nazionale FraFiliera Industrie Automobilistiche (ANFIA)
ISO/TS 16949:2009 Changes
Whittington Page 5 of 8 July 2009
Fedration des Industries des Equipements pour Vehicules (FIEV) Comite des Constructeurs Francais d’Automobiles (CCFA) IATF-France All public information about IATF can be found at www.iatfglobaloversight.org
0.3 Relationship with ISO 9004 NOTE The knowledge and use of the eight quality management principles referred to in ISO 9000:20002005 and ISO 9004:2000 should be demonstrated and cascaded through the organization by top management.
0.3.1 IATF Guidance to ISO/TS 16949:2002
“IATF Guidance to ISO/TS 16949:2002” is a document containing recommended automotive industry practices, examples, illustrations and explanations, and provides assistance in the application to conform to the requirements of this Technical Specification.
This IATF Guidance document is not intended for certification or for contractual purposes.
0.5 Goal of this Technical Specification
This Technical Specification, coupled with applicable customer-specific requirements, defines the fundamental quality management system requirements for those subscribing to this documentTechnical Specification.
1.1 General This Technical Specification, in conjunction with ISO 9001:20002008, defines the quality management system requirements for the design and development, production and, when relevant, installation and service of automotive-related products. 2 Normative references The following normativereferenced documents are indispensable for the application of this document. contains provisions, which, through reference in this text constitute provisions of this Technical Specification. For dated references, only the edition cited applies subsequent amendments to, or revisions of, any of these publications do not apply. However, parties to agreements based on this Technical Specification are encouraged to investigate the possibility of applying the most recent edition of the normative document indicated below. For undated references, the latest edition of the normativereferenced document (including any amendments) referred to applies. Members of ISO and IEC maintain registers of currently valid International Standards. ISO 9000:20002005, Quality management systems - Fundamentals and vocabulary
ISO/TS 16949:2009 Changes
Whittington Page 6 of 8 July 2009
3.1 Terms and definitions for the automotive industry For the purpose of this Technical Specificationdocument, the terms and definitions given in ISO 9000:20002005 and the following apply
3.1.1 control plan documented description of the systems and processes required for controlling product (see annex A) NOTE See Annex A.
3.1.5 laboratory scope controlled document containing - specific test, evaluations and calibrations that a laboratory is qualified to perform - a list of the equipment which it uses to perform the above, and - a list of methods and standards to which it performs the above
4.2.4 Control of records
NOTE 1 “Disposition” above includes disposal.
4.2.4.1 Records retention The control of records shall satisfy statutory, regulatory and customer requirements.
5.5.1.1 Responsibility for quality Personnel responsible for conformity to product quality requirements shall have the authority to stop production to correct quality problems.
Production operations across all shifts shall be staffed with personnel in charge of, or delegated responsibility for ensuring conformity to product quality requirements.
6.2.2.2 Training
The organization shall establish and maintain documented procedures for identifying training needs and achieving competence of all personnel performing activities affecting conformity to product quality requirements.
6.2.2.3 Training on the job The organization shall provide on-the-job training for personnel in any new or modified job affecting conformity to product quality requirements, including contract or agency personnel.
ISO/TS 16949:2009 Changes
Whittington Page 7 of 8 July 2009
6.4.1 Personnel safety to achieve conformity to product quality requirements
(only the title changed)
7.3.2.1 Product design input
The organization shall identify, document and review the product design input requirements, including the following: - targets for product qualityrequirements, life, reliability, durability, maintainability, timing and cost. 7.4.1.1 Statutory and Rregulatory conformity All purchased products or materials used in product shall conform to applicable statutory and regulatory requirements.
7.4.1.2 Supplier quality management system development Conformity with ISO 9001:20002008 is the first step in achieving this goal.
Unless otherwise specified by the customer, suppliers to the organization shall be third party registered to ISO 9001:20002008 by an accredited third-party certification body. 7.4.3.1 Incoming product quality conformity to requirements
The organization shall have a process to assure the quality of purchased product (see 7.4.3) utilizing one or more of the following methods:
- second- or third-party assessments or audits of supplier sites, when coupled with records of acceptable delivered product quality conformity to requirements
7.4.3.2 Supplier monitoring
Supplier performance shall be monitored through the following indicators: - delivered product quality conformity to requirements
7.5.1.2 Work instructions
The organization shall prepare documented work instructions for all employees having responsibilities for the operation of processes that impact conformity to product quality requirements.
ISO/TS 16949:2009 Changes
Whittington Page 8 of 8 July 2009
7.5.1.7 Feedback of information from service
NOTE The intent of the addition of “service concerns” to this subclause is to ensure that the organization is aware of nonconformities that occur external to outside of its organization. 7.6 Control of monitoring and measuring devices equipment
(only the title changed)
8.5.1.1 Continual improvement of the organization
The organization shall define a process for continual improvement (see examples in annex B of ISO 9004:2000).
Annex A
(The Control Plan annex was not changed, but the new formatting caused the annex to expand to two pages)
Bibliography
(The Bibliography for ISO/TS 16949:2009 was revised to reflect new standards, new editions of standards, additional referenced standards, and withdrawn standards since the publication of ISO/TS 16949:2002) [1] ISO 9001:2008, Quality management systems - Requirements [1] ISO 9004:2000, Quality management systems - Guidelines for performance improvements [2} ISO 9004: ----, Managing for the sustained success of an organization - A quality management approach [3] ISO 10001:2007, Customer satisfaction - Guidelines for codes of conduct for organizations [4] ISO 10002:2004, Customer satisfaction - Guidelines for complaints handling in organizations [5] ISO 10003:2007, Customer satisfaction - Guidelines for dispute resolution external to organizations [6] ISO 10005:2005, Quality management systems - Guidelines for quality plans [7] ISO 10006:2003, Quality management systems - Guidelines for quality management in projects [8] ISO 10007:2003, Quality management systems - Guidelines for configuration management [2] ISO 10011-1: 1990 (replaced by ISO 19011:2002) [3] ISO 10011-2: 1991 (replaced by ISO 19011:2002) [4] ISO 10011-3:1991 (replaced by ISO 19011:2002) [9] ISO 10012:2003, Requirements for measurement processes and measuring equipment [5] ISO 10012-1:1992 (replaced by ISO 10012:2003) [6] ISO 10012-2:1997 (replaced by ISO 10012:2003) [10] ISO/TR 10013:2001, Guidelines for quality management system documentation [11] ISO 10014:2006, Quality management - Guidelines for realizing financial and economic benefits [12] ISO 10015:1999, Quality management - Guidelines for training [13] ISO/TR 10017:2003, Guidance on statistical techniques for ISO 9001:2000 [14] ISO 10019:2005, Guidelines for the selection of quality management system consultants and use of their services
ISO/TS 16949:2009 Changes
Whittington Page 9 of 8 July 2009
[15] ISO 14001:2004, Environmental management systems - Requirements with guidance for use [7] ISO 17025:1999, General requirements for the competence of testing and calibration laboratories [16] ISO 19011:2002, Guidelines for quality and/or environmental management systems auditing [17] IEC 60300-1:2003, Dependability management - Part 1: Dependability management systems [18] IEC 61160:2006, Design review [19] ISO 90003:2004, Software engineering - Guidelines for the application of ISO 9001:2000 to computer software [8]IATF Guidance to ISO/TS 16949:2002 [20] Quality management principles, ISO, 2001 (available at www.iso.org) [21] ISO 9000 - Selection and use, ISO, 2008 (available at www.iso.org) [22] ISO 9001 for Small Business - What to do, Advice from ISI/TC 176, ISO, 2002 [23] ISO Management Systems (bimonthly publication) [24] Reference websites: http:/www.iso.org http:/www.tc176.org http:/www.iso.org/tc176/sc2 http:/www.iso.org/tc176/ISO9001AuditingPracticesGroup
Note: This paper on the changes in ISO/TS 16949:2009 has been reproduced by permission of the author, Larry Whittington. You can contact him at .


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