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LLP Registration
LLP or Limited Liability Partnership has become a popular form of organization among entrepreneurs in India. A Limited Liability Partnership gives the benefits of a Company & a Partnership Firm. An LLP in India is a Partnership Firm established by at least 2 Partners who enter into an LLP Agreement. However, the LLP Partner have limited liability and the LLP has perpetual succession just like a Company.
What are the Features of an LLP in India?
The following are the features of an LLP in India:
- It’s a body corporate & legal entity separate from its members.
- The members of an LLP have a limited liability, limited to their agreed contribution to the LLP.
- It has a perpetual succession, it continues to exist even after the founding partners leave the organization. All it requires is to have at least 2 partners.
- Its accounting & filing requirements are similar to that of a Company.
- Less compliance and regulations
- At least one partner must be a resident of India.
- There is no upper limit on the maximum number of Partners.
What are the Different Types of LLP Forms in India?
Following is the list of all types of LLP Forms in India:
- FiLLiP Form: This form is used for the incorporation of LLP in India.
- Run LLP: This form is used for reserving a name for the LLP.
- Form 3: Details regarding LLP Agreement.
- Form 8: Statement of Account & Solvency.
- Form 11: Annual Return of LLP.
- Form 24: This is the application to the ROC for striking off the name of LLP.
Documents Required for LLP Registration
To register a Limited Liability Partnership (LLP) in India, it is essential to submit specific documents that verify the identity and address of the partners, as well as the registered office of the LLP. These documents form the foundation of the registration process and ensure compliance with the Ministry of Corporate Affairs (MCA) guidelines. Having all required documents in order helps avoid delays and ensures a smooth and efficient registration process.
- PAN Card or Identity Proof of all the Partners All the designated Partners are required to provide their PAN and it acts as a primary identity proof.
- Address Proof of Partners For the address proof, Partners can submit any one document out of Passport, Aadhar Card, Voter’s Id, or Driving License. Name & other information as per address proof & PAN Card should be the same. If the spelling of one’s own name or father’s name or DoB is different in PAN Card & address proof, it should be corrected before submitting to the Registrar of Companies.
- Partners Residence Proof Latest telephone bill, electricity bill, bank statement, or gas bill should be submitted as residence proof. Note: Such bills should not be more than 2-3 months old & must contain the Partner’s Name as mentioned in the PAN Card.
- Passport sized-photos Partners should also provide their latest passport size photos
- Passport For becoming a Partner in a Limited Liability Partnership, NRIs & Foreign Nationals have to submit their passport mandatorily. Passport has to be notarized by the concerned authorities in the country of such NRI & Foreign Nationals, else the Indian Embassy located in that country can also sign the documents.
LLP Registration Procedure
The LLP registration process in India is a structured legal procedure governed by the Ministry of Corporate Affairs (MCA). It involves multiple steps such as acquiring Digital Signature Certificates (DSC), obtaining Director Identification Numbers (DIN), name approval, and filing the incorporation forms. Each step must be completed accurately to ensure a successful and timely registration. With the right guidance and proper documentation, registering an LLP can be a smooth and efficient experience for aspiring entrepreneurs and business partners.
- Obtain DSC We already know that the documents for LLP Registration are filed online & are required to be digitally signed. So, before starting the LLP Registration process, you must apply for the Digital Signature Certificate (DSC) of the designated Partners of the proposed LLP. Hence, the designated Partner must obtain their DSCs from the Government-recognized certifying agencies.
- Get DIN After obtaining DSC, then you need to apply for DPIN of all the proposed Partners or those wanting to be designated Partner of LLP. The application for the allotment of DIN has to be made in Form DIR-3
- Application for Name Approval LLP-RUN application form is for the name reservation of the Limited Liability Partnership. But before applying for the name reservation, it is necessary to use the free name search facility on MCA Portal. The system will provide the list of closely resembling names of existing companies/LLPs based on the search criteria. This will definitely help you choose names not identical to already registered names. The Registrar will approve the proposed name only if the name is not undesirable in the Central Government’s opinion & doesn’t resemble any existing Partnership Firm or an LLP or a body corporate or a Trademark.
- Filing FiLLiP Form For the LLP Registration in India, you need to file a FiLLiP Form and submit it to the Registrar who has jurisdiction over the State in which the registered office of the LLP is situated. The Form will be an integrated form. This Form is also used for allotment of DPIN, if a person who is to be appointed as a designated partner doesn’t have a DPIN or DIN. The application for reservation may be made via FiLLiP too. In case the name is approved, the name shall be filled as the proposed name of the Limited Liability Partnership.
- File LLP Agreement This Agreement governs the mutual rights & duties amongst the Partners & also between the LLP & its Partners. LLP Agreement must be filed in Form-3 online, Form-3 for the LLP Agreement must be filed within 30 days of the Incorporation. This Agreement has to be printed on stamp paper. The value of Stamp Paper is different for every state.
- Apply for PAN, TAN, and Open a Bank Account Once you get the Certificate of Incorporation we will apply for the PAN, TAN and Bank Account for your Limited Liability Partnership.
Benefits of LLP Registration in India
The following are the benefits of LLP Registration in India:
- Low Cost and Less Compliance: The overall cost of establishing a Limited Liability Partnership is low compared to the cost of registering a Private or Public Limited Company in India. The compliances to be followed by the LLP are also low. The LLP needs to file only 2 Statements yearly (i.e., an Annual Return and a Statement of Accounts and Solvency.
- Liabilities are limited: Limited Liability Partnership provides a limited liability benefit to all the designated partners. In case of s business insolvency or loss, the partners’ liability is restricted to the capital contribution as per the LLP agreement. Moreover, one partner is not held responsible for the actions of negligence/misconduct of any other partner.
- Separate Legal Existence: Just like a Company, an LLP has a separate legal entity. The Limited Liability Partnership is different from its partners. An LLP in India can sue & be sued in its own name. The Contracts are signed in the name of the Limited Liability Partnership (LLP) which helps to gain the trust of various stakeholders & gives the customers and suppliers a sense of confidence in the business.
- Tax Benefits: It is also exempted from various taxes like DDT (Dividend Distribution Tax) & Minimum Alternative Tax. The tax rate on LLP is less than that of the Company.
- No Minimum Capital: For the LLP formation in India, no minimum capital is required. No minimum capital contribution is required from partners. An LLP can be incorporated even with Rs. 2000 as a total capital contribution.
Frequently Asked Questions (FAQs):
Q1. Can I get the LLP registration online?
Yes, there exists an online LLP registration process that allows you to fill the online application form to obtain a certificate of incorporation for your LLP.
Q2. Is Limited Liability Partnership a Company?
No, while a Limited Liability Partnership possesses the same traits as that of a company including the perks of Limited Liability, Separate legal entities, it is not a company.
Q3. What is the eligibility criteria of Limited Liability Company formation?
To form an LLP, the eligibility requirements are:
- Minimum two partners
- At least one Indian Partner
- A unique name
Q4. Can you convert an existing partnership firm to LLP?
Yes. It is possible to convert an existing partnership firm to LLP. You can learn more about it.
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