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Limited Liability Partnership (LLP) Registration Online
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Limited Liability Partnership (LLP) Registration
Limited Liability Partnership Registration Online: A Limited Liability Partnership (LLP) is a unique hybrid business entity that combines the advantages of both a partnership firm and a company. It offers limited liability protection to its partners and provides flexibility in management. The LLP structure is governed by the Limited Liability Partnership Act, 2008. Here’s a comprehensive guide to the LLP registration process in India.
Key Features of an LLP
- Limited Liability: The liability of the partners is limited to their agreed contribution.
- Separate Legal Entity: An LLP has a separate legal identity, distinct from its partners.
- Perpetual Succession: An LLP continues to exist irrespective of changes in partners.
- Flexibility in Management: Partners have the flexibility to manage the LLP as per the LLP Agreement.
- No Maximum Limit on Partners: There is no upper limit on the number of partners in an LLP.
Eligibility Criteria For LLP Registration
- Partners: Minimum of two partners are required. There is no upper limit on the number of partners.
- Designated Partners: At least two designated partners, one of whom must be a resident of India.
Documents Required for OPC Private Limited Registration Online
- Designated Partner Identification Number (DPIN) For all designated partners.
- Digital Signature Certificate (DSC) For all designated partners.
- Identity Proof PAN card, passport, or voter ID of all designated partners.
- Address Proof Aadhar card, utility bill, or bank statement of all designated partners.
- Registered Office Proof Rent agreement or sale deed along with a no-objection certificate (NOC) from the owner.
- LLP Agreement Draft agreement outlining the rights and duties of the partners.
Procedure To Register Limited Liability Partnership
Step 1: Obtain Digital Signature Certificate (DSC)
The first step is to obtain a DSC for all designated partners. This is necessary for digitally signing electronic documents and forms during the registration process.
Step 2: Obtain Designated Partner Identification Number (DPIN)
Apply for a DPIN for all designated partners through the Ministry of Corporate Affairs (MCA) portal. This unique identification number is mandatory for designated partners of an LLP.
Step 3: Name Approval
- Application: Submit Form RUN-LLP (Reserve Unique Name) to the Registrar of Companies (RoC) for reserving the name of the LLP.
- Guidelines: The proposed name should be unique and not identical to any existing LLP or trademark. It should also comply with the naming guidelines prescribed by the MCA.
Step 4: Incorporation of LLP
- Filing Form FiLLiP (Form for Incorporation of Limited Liability Partnership): This form is used for incorporating the LLP and contains details about the proposed LLP, its partners, and the registered office.
- Attachments: Attach the digitally signed LLP Agreement, registered office proof, and other required documents.
- Verification: The RoC verifies the submitted documents and, upon satisfaction, issues the Certificate of Incorporation.
Step 5: Filing LLP Agreement
Submit the LLP Agreement in Form LLP-3 within 30 days of incorporation. This agreement defines the mutual rights and duties of the partners and the LLP.
Post-Incorporation Compliance
- PAN and TAN: Apply for a Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the LLP.
- Bank Account: Open a bank account in the name of the LLP.
- Books of Accounts: Maintain proper books of accounts and financial records.
Annual Compliance
- Statement of Accounts and Solvency: File Form LLP-8 annually, containing details of the LLP’s financial status.
- Annual Return: File Form LLP-11 annually, containing details of the partners and changes, if any.
- Income Tax Returns: File income tax returns annually
Event-Based Compliance
- Change in Partners: File Form LLP-3 for changes in partners or their details.
- Change in Registered Office: File Form LLP-15 for changes in the registered office.
- Change in LLP Agreement: File Form LLP-3 for any amendments to the LLP Agreement.
Financial Compliance
- Statutory Audit: Conduct a statutory audit if the annual turnover exceeds Rs. 40 lakh or the capital contribution exceeds Rs. 25 lakh.
- Tax Filings: Ensure timely filing of GST, TDS, and other tax returns.
Penalties and Legal Consequences
Non-compliance with regulatory requirements can result in penalties, including fines and imprisonment. The LLP and its partners can be held liable for any lapses, highlighting the importance of diligent compliance.
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Frequently Asked Questions
A Limited Liability Partnership (LLP) is a hybrid business entity that combines the features of a partnership and a company. It offers limited liability protection to its partners and provides flexibility in management, making it a popular choice for small and medium-sized businesses.
- Limited Liability: Partners’ liability is limited to their contribution in the LLP.
- Separate Legal Entity: An LLP is a separate legal entity from its partners.
- Perpetual Succession: The LLP continues to exist irrespective of changes in partners.
- Flexibility in Management: Partners have the freedom to manage the LLP according to their agreement.
- No Maximum Limit on Partners: There is no upper limit on the number of partners.
An LLP requires a minimum of two partners. There is no maximum limit on the number of partners. Individuals, companies, or LLPs can be partners in an LLP.
Designated partners are responsible for regulatory and legal compliances. An LLP must have at least two designated partners, one of whom must be a resident of India.
- Designated Partner Identification Number (DPIN): For all designated partners.
- Digital Signature Certificate (DSC): For all designated partners.
- Identity Proof: PAN card, passport, or voter ID of all designated partners.
- Address Proof: Aadhar card, utility bill, or bank statement of all designated partners.
- Registered Office Proof: Rent agreement or sale deed along with a no-objection certificate (NOC) from the owner.
- LLP Agreement: Draft agreement outlining the rights and duties of the partners.
You can obtain a DSC from certified agencies by submitting the required documents and application form. It is used to digitally sign electronic documents and forms.
Apply for a DPIN through the Ministry of Corporate Affairs (MCA) portal. This unique identification number is mandatory for designated partners of an LLP.
Submit Form RUN-LLP (Reserve Unique Name) to the Registrar of Companies (RoC) for reserving the name of the LLP. The proposed name should be unique and comply with the naming guidelines prescribed by the MCA.
- Obtain DSC and DPIN: For all designated partners.
- Name Approval: Submit Form RUN-LLP to reserve the LLP name.
- Incorporation: File Form FiLLiP (Form for Incorporation of Limited Liability Partnership) with the necessary documents.
- Certificate of Incorporation: Upon verification, the RoC issues the Certificate of Incorporation.
- LLP Agreement: File the LLP Agreement in Form LLP-3 within 30 days of incorporation.
Yes, an LLP can be converted into a company, subject to compliance with the relevant provisions under the Companies Act and the LLP Act.
Bizlawindia provides end-to-end assistance in LLP registration, including:
- Consultation and Planning: Initial consultation and strategic planning.
- Document Preparation and Filing: Assistance with obtaining DSC and DPIN, name approval, filing incorporation forms, and drafting the LLP Agreement.
- Post-Incorporation Support: Guidance on maintaining statutory compliances and filing annual returns.
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