• Revaluation of land in LLP and admission of new partners

We 3 people are partners in llp firm, the objective of the firm is to develop land. it contains only one land currently who is market value is around 1 cr. ( note : the book value is 35 lakhs ) .
We are thinking of admitting, a fourth partner into the set firm . who would invest all the capital required for construction on the land and give us 
"the old 3 partners rupeess 1 cr".
All these terms and condition for admission of the fourth partner, we would be mentioning , in his llp admission agreement, which would be registered in the register of firms.
Question: 
1. prior of adding the fourth partner, if we revalue the land in our books to the actual market value that is 1cr, by an entry . will then new partner, who would take care of the work, in the firm later ... ...so would the new partner be liable to pay we 3 old partners, the revalued amount of land that is 1cr in any case ... also in case of loss.?? ( as revaluation of the land was done prior to his admission in firm)

2. is there anything else that we could do to safe guard our 1 cr which is revenue projected to us ?

( note : i have got opinion there are other ways to do said document like jv agreement , but due to partners constraints ,, this is only method left.. requested pl to suggest on same lines )
Asked 4 years ago in Audit

At the time of admission of new partner, terms and conditions should be clearly mentioned in the LLP agreement in respect to infusion of capital. The new partner will incur the development cost on the land which is owned by the LLP. Rs.1 cr is the project revenue to be shared among old partners. Yes, you can revalue the land at Rs.1 cr in the books to safeguard your revenue but additionally you should mention the other terms and conditions in the LLP agreement.

Vivek Kumar Arora
CA, Delhi
4852 Answers
1046 Consultations

5.0 on 5.0

Hi,

 

Hope you are doing well !!

 

Yes,the new partner be liable to pay 3 old partners, the revalued amount of land subject to conditions mentioned in LLP agreement. 

Payal Chhajed
CA, Mumbai
5188 Answers
289 Consultations

5.0 on 5.0

Please note that capital contribution by the new partner to old partners will be governed by the llp agreement irrespective of the revaluation.

 

You should mention the terms of the admission of the partner clearly in the agreement

Lakshita Bhandari
CA, Mumbai
5687 Answers
911 Consultations

5.0 on 5.0

You may create a revaluation reserve and revalue the land and mention in the admission deed that on dissolution of firm the original partner will first get their 1 crore from sale of land.

Other than above how will you make new partner liable to pay you 3 1 crore?

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4277 Answers
97 Consultations

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