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LLP Amendment Bill Passed

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LLP Amendment Bill II News Aur Chai

The Limited Liability Partnership(Amendment) Bill was introduced in Rajya Sabha(Upper House) on July 29, 2021, after the approval of the Union Cabinet on July 28, 2021. Before understanding the LLP Amendment Bill let’s first understand what is LLP.

What is LLP?

Limited Liability Partnership (LLP) is an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility in a partnership. It is a separate legal entity, which is liable to the full extent of its assets but the liability of the partners is limited to their agreed contribution in Limited Liability Partnership. One of the advantages of LLP is that it can continue its validity irrespective of changes in partners. It is capable of joining into new contracts and holding equity in its name.

In this corporate business form, no partner is liable on account of the independent or unauthorised actions of other partners, thus individual partners are shielded from joint liability created by another partner’s illicit business decisions or misbehaviour. Common rights and duties of the partners within a Limited Liability Partnership are governed by an agreement between the partners. However, the LLP is not reassured of the liability for its other obligations as a separate entity. As it contains components of both a ‘corporate structure’ as well as a ‘partnership firm structure’, LLP is called a hybrid between a company and a partnership.  

Which are the countries where the LLP form is functional?

Countries like the United Kingdom, United States of America, Australia, various Gulf countries and Singapore are the nations where the LLP structure is functional. As per the advice of experts who have studied LLP legislations in various countries, the LLP Act is extensively based on the UK LLP Act of 2000 and the Singapore LLP Act 2005. Both the Acts allow the creation of LLP in a corporate body form which means as a separate legal entity, separate from its partners. 

What is the LLP Amendment Bill & what are the key highlights of the bill? 

Limited Liability Partnership Amendment Bill was passed by Rajya Sabha on August 4, 2021. All the members of the Upper House had agreed to pass this bill and have been working towards it since July 29, 2021. The Amendment Bill aims to boost greater ease of living to law-abiding corporates and to legitimize certain provisions of the Act. 

Some of the important highlights of the bill are:

  • Decriminalize certain offences: As per the Bill, it defines the way of operating the LLP’s provided that violation of these requirements will lead to punishment with a fine varying from 25,000 INR to five lakh INR. The requirements consist of changes in partners of the LLP, change in registered office, filing declaration of account and annual returns & agreement between the partners and an LLP. The bill exacts a monetary fine.

  • Punishment on fraud: Under the Act, if a partner or an LLP carry out any forgery activities to their creditors and every individual who is involved in the hoax will be punished with up to two years of imprisonment, along with the 50,000 INR to five lakh INR of fine. The Bill increases the term of imprisonment from two to five years. 

  • Compounding of offences: The bill amends to provide an officer who will be appointed by the central government, may compound the offences and impose a punishable fine. If the offence was compounded by an LLP or its partners, then in this case a similar offence cannot be compounded within three years. 

  • Institution of Special Court: This bill enables the central government to establish special courts for assuring active trail of offences under the Act. The special court consists of a Sessions Judge or an Additional Sessions Judge. They will adjudicate offences punishable with three or more years of imprisonment and a Metropolitan Magistrate or a Judicial Magistrate for other offences. They will be selected with the accord of the Chief Justice of the High Court. 

  • Opening of Small LLP’s: This Bill contributes to the formation of small LLP’s in which the partners contribute up to 25 lakh INR, turnover for the coming year is up to 40 lakh INR. The government can declare certain LLP as start-up LLP. 

  • Non-compliance with tribunal orders:  As per the Act, non-compliance with an ordinance of the National Company Law Tribunal (NCLT) is a punishable offence of up to six months imprisonment and a fine of 50,000 INR. This bill removes such offences.

  • Adjudicating Officers: As per the bill, the central government may assign adjudicating officers for allotting penalties under the Act. These officers will be central government officers only. Appeals against the orders of the Adjudicating officer will lie in the hand of the Regional Director. 

  • Institution of Appellate Tribunal: As per the bill, the appeals cannot be made against an order that he’s passed along with the permission of the parties. The Appeals should be filed within the time frame of 60 days of order. 

  • Standards of accounting: According to the bill, the central government may specify the criteria of accounting and auditing for groups of LLP in meeting with the National Financial Reporting Authority.  

These are the salient parts of the amended bill. 

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Ram Mandir Opening For “Darshan” In 2023

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Ram Mandir Opening 2023 | News Aur Chai

The Ram Mandir in Ayodhya is expected to allow visitors by December 2023, with the completion of construction only in 2025.

Sources in the Shri Ram Janmabhoomi Teerth Kshetra have revealed that the colossal project of building the Ram Mandir in Ayodhya, Uttar Pradesh, will be opening for devotees towards the end of 2023. In contrast, the project’s entire construction completion is expected towards the end of 2025. The sanctum sanctorum (Garbha Griha), along with the mandir’s first floor, will be ready by December 2023. Devotees will be allowed to visit the long-awaited mandir soon after the construction is completed.

An ANI report said, “The grand Ram Mandir being constructed in Ayodhya will be opened for devotees from December 2023. Sources told ANI that Garbhagriha, all five mandaps and the first floor will be ready by December 2023 and the mandir will be opened for devotees”.

The sanctum sanctorum will be as high as 161 feet and built using Rajasthani marble and stones. Engineers and architects are taking all measures to ensure the longevity of this enormous project. The second stage of construction is expected to begin in December this year. Currently, the structure is at a standstill as a result of monsoons. Another reason for the delay is the coronavirus pandemic that depleted the force with which the mandir’s construction was expected to go on.

The announcement of the mandir being opened to visitors in 2023 has brought up questions about the political agenda. It is believed that the Bharatiya Janata Party (BJP) aims to use the mandir to catapult themselves into a position of advantage during the 2024 Lok Sabha elections. Opening the mandir to devotees in December 2023 will give the BJP an easy 6-month gap to the general elections in 2024.

The opening of the long-awaited Ram Mandir in Ayodhya could be the factor that diverts the public, at least the Hindu’s in favour of BJP. Thus, securing them a vote bank based on religious sentiments upheld by the party in their previous tenure as the ruling party.

The Ram Janmabhoomi Mandir will be 360 feet long, 235 feet wide, and 20 feet high mandir will be completely ready by the end of 2025. The project will include amenities and structures like museums, archives, research centre, Sant Niwas, gau and Yagya shala, Etc. The main attraction is the Ram Mandir.

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How SEBI’s New Margin Rule Is Affecting Retail Traders?

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SEBI Margin Rule | News Aur Chai

Securities and Exchange Board of India has introduced new margin rules for traders. Traders and Brokers are not happy with the new regulations because they will have to invest a large amount of cash in fulfilling margin requirements for trade.

SEBI had introduced the new margin rule in the year 2020 for intraday traders. It is being implemented in a phased manner. Traders were supposed to maintain 25 per cent of the peak margin in the first phase; the margin was raised by 50 per cent in the second phase. In the third phase, as per the new margin rule, intraday traders will have to pay a 100 per cent upfront margin. According to new norms, the margin requirements will be calculated four times during every trading session because the money margin must be greater than the need.

As per the new rule, brokers must collect margin from investors for any purchase or sale, and if they fail to do so, they will have to pay the penalty. Thus, brokers will not receive power of attorney. Brokers cannot use power of attorney for pledging anymore.

Those investors who want to make use of margin will have to create margin pledges separately. As per the new rule, investors will have to pay at least a 30 per cent margin upfront to avail a margin loan. Shares brought today cannot be sold tomorrow. Funds from shares sold today cannot be used for new trades on the same day.

The market experts said that there must be proper adjustments for implementing new rules, or it may create chaos, trouble and disturbance to the market participants. The CEO and founder of Zerodha broking firm, Nithin Kamath tweeted that, “the day when the new rules came into effect was the dreaded day for brokers, exchanges, intraday traders”.

Traders Are Not Happy:

Changes in rules have evoked strong reactions from traders because they will have to invest a large amount of cash in fulfilling margin requirements for trades as per new margin rules. Even the trading in futures and options will become more expensive. Traders are disappointed because they will have to pay up more money to bet in stock markets. As per new margin rules, Traders are also liable for the penalty if the rules are not followed during the trading session. If a trader wants to buy Nifty worth Rs 10 lakh, he will have to pay a 20 per cent margin of around 2 lakh. If the margin of the trader does not meet the need, he will be penalized. Traders will have to pay the minimum amount for opening the Multilateral Trading facility account, and they have to maintain a minor balance at all times.

Why Gas SEBI Introduced A New Margin Rule?

SEBI has introduced new rules to protect retail investors from purchasing difficulty. The intended goal of SEBI behind new margin rules is to bring down the difficult market situation and avoid huge fluctuation in stock markets during extreme stress. The new margin rules are likely to bring transparency to the market; it is expected to strengthen the market’s safety.

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Escalation Of COVID-19 Cases Across The Globe

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COVID Case Spike 2021 | News Aur Chai

The United States, India, and Brazil have the most confirmed cases, followed by France, Russia, the United Kingdom, and Turkey. There are very few locations that have remained undisturbed.

Since the middle of last year, confirmed cases have been increasing. Although the actual scope of the first outbreaks in 2020 is unknown because testing was not generally available at the time. The 100 million COVID-19 cases were discovered at the end of January, over a year after it was first diagnosed. As of 6:30 p.m. CEST on July 30, 2021, WHO has received reports of 196,553,009 confirmed cases of COVID-19, with 4,200,412 fatalities. A total of 3,839,816,037 vaccination doses has been delivered as of July 28, 2021.

After reaching a record high of over 0.9 million cases on April 28, 2021, new daily instances of the coronavirus continued to decline, reaching a low point on June 21, when over 0.3 million cases were reported. Since then yet, there has been a global increase in cases. On July 15, 0.53 million daily cases were reported, and over three million new cases were reported in the second week of the month. As of July 15, 188.9 million patients have been recorded worldwide. The transmissive Delta form accounting for most infections in 111 countries. Most instances were recorded in Brazil, India, Indonesia, the United Kingdom, and Colombia in the last week. With the steepest increases in Zimbabwe (72%), Indonesia (44%), the United States (38%), Bangladesh (35%), and the United Kingdom (30%). Many Asian nations, including Vietnam, Malaysia, South Korea, and Japan, have reported many daily cases. However, the spread was under control.

The number of new cases in Indonesia has been on the rise, with each day seeing a significant increase over the previous day. Indonesia is now the new Asian epicentre, with 56,757 cases recorded on July 15; India reported 39,000 patients on the same day. COVID-19 fatalities are high, according to WHO. After decreasing for nine weeks, with the highest increases in Africa and Southeast Asia. COVID-19 fatalities worldwide surpassed four million on July 7. The last million deaths occurred in under 90 days, the lowest time interval for every one million deaths ever recorded.

High vaccination coverage has been shown in the United States and much of Europe to lower fatalities and even hospitalizations. For example, United Kingdom rises in incidence. There has been fewer hospitalizations and deaths over 87% of the adult population, as they are vaccinated with one dose and over 67% with two doses. In the United States, the increase in cases is concentrated in states with low vaccination coverage, with unvaccinated people accounting for most deaths. Over 55% of Americans have received one dosage, and 48% are completely immunized. It shifts the focus back to improving vaccination coverage and achieving global vaccine equality to avoid fatalities and the spread of dangerous strains. Some nations debate a booster dosage. Even though many African countries’ healthcare professionals have not been completely vaccinated, booster injections have begun to be given to patients with weakened immune systems in Israel.

In comparison, booster shots have been ruled out in the United States for the time being. With vaccine shortages reported in many Indian states. Even among the vaccinated, rigorous adherence to COVID-appropriate behaviour is the only option to postpone and mitigate the consequences of a third wave.

This spring, India and Latin America have seen a significant drop in new cases in the hardest-hit areas of the world. But the global numbers continue to grow. The Delta variety leads them to well-vaccinated regions such as Western Europe and the United States, low but rising infections. This spring, India and Latin America have seen a significant drop in new cases in the hardest-hit areas of the world. Vaccine doses have been given to over 4 billion individuals globally (52 for every 100 people), yet the discrepancy is striking. More than 80% of the population had at least one shot in some wealthy nations. In contrast, the proportion is as low as 1% in many of the poorest.

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