• Nov
  • 13
  • 2009

Procedure to form/incorporate Limited Liability Partnership firm in India

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A Limited Liability Partnership may be incorporated as per the procedure explained below:

User Registration

• Register yourself on the website of Ministry of Corporate Affairs, developed for LLP services, i.e.  www.llp.gov.in. This website may also be accessed through the website of the ministry www.mca.gov.in. On the home page of the URL www.llp.gov.in click “Register” tab on top right hand corner of the page.

• Fill in the registration form. Fields marked * in the form are to be mandatorily filled. Select your user name and password.

• Upload digital signature certificate

• On successful registration, system will give a message that you have been registered successfully.

Obtain Designated Partners Identification Number (DPIN).

• All designated partners of the proposed LLP shall obtain “Designated Partner Identification Number (DPIN)” by filing an application individually online in Form -7.

• For obtaining DPIN kindly log in by clicking on the “Login” tab on top right corner of the home page, enter your user name and password. After login, click on the E-forms link. List of e-forms will open. Click and open  Form 7.

• Fill up “Form 7” for allotment of DPIN

• Pay filing fee of Rs.100 online through credit card (master/visa)

• Submit the application form online. The system will generate a provisional DPIN. Kindly note it carefully

• Take the print out of the application form, affix a latest passport size photograph and get it attested/certified for submission physically along with documentary evidences for proof of identify and proof of residence with the Registrar LLP.

• Deliver the printed and signed application form, along with the prescribed documents by hand/courier/registered post to the Office of Registrar, Ministry of Corporate Affairs,  3rd Floor, “Paryavaran Bhawan”, CGO Complex, Lodhi Road, New Delhi-110003.

• For more details see Instruction Kit provided on the home page under “Users Guide” tab.

Digital Signature Certificate

• Partner/Designated partner of LLP/proposed LLP, whose signatures are to be affixed on the e-forms has to obtain class 2 or class 3 Digital Signature Certificate (DSC) from any authorized certifying agency, details of which are available on the home page of the llp portal under the tab “Certifying Authorities”.

Reservation of name

• Log on to the LLP portal by clicking the “log in” tab on the top right corner of the homepage and enter your username and password. After login, click “E-Forms” link.

• Open Form-1 for reservation of name and fill in the details. Select name of the proposed LLP (upto 6 choices can be indicated).

• Any partner or designated partner in the proposed LLP may submit Form-1.

• Append digital signatures and submit the e-form

• Pay the necessary fee by credit card (master/visa).

• Free name search facility (of existing companies / LLPs) is available on MCA portal (hyper link available on LLP portal).The system will provide the list of similar/closely resembling names of existing companies/LLPs based on the search criteria filled up.

• Details of minimum two designated partners of the proposed LLP, one of them must be a resident of India, is required to be filled in the application for reservation of name. Only individuals or nominees on behalf of the bodies corporate as partners can act as designated partners.

• Check status of your application by logging on the portal.

• For more details see Instruction Kit provided on the home page under “Users Guide” tab.

Incorporation of LLP

• Once the name is reserved  by the Registrar, log on to the portal and fill up Form-2 “Incorporation Document and Statement”.

• Pay the prescribed registration fee as per the slab given in Annexure A of the LLP Rules, 2009, based on the total monetary value of contribution of partners in the proposed LLP.

• Statement in the e-form is to be digitally signed by a person named in the incorporation document as a designated partner having permanent DPIN and also to be digitally signed by an advocate/company secretary/chartered accountant/cost accountant in practice and  engaged in the formation of LLP.

• On submission of complete documents the Registrar after satisfying himself about compliance with relevant provisions of the LLP Act will register the LLP, maximum within 14 days of filing of Form-2 and will issue a certificate of incorporation in Form-16.

• You can check status of your application by logging on to the portal

• For more details see Instruction Kit provided on the home page under “Instruction Kit” tab.

Filing of LLP agreement (Form-3) and Partners’ details (Form-4)

• Form 3 (Information with regard to LLP agreement and changes, if any made therein) and Form-4 (Notice of Appointment of Partner/Designate Partner, his consent etc.) may be filed with the prescribed fee simultaneously at the time of filing Form-2 or within 30 days of the date of incorporation or within 30 days of such subsequent changes.

• For more details see Instruction Kit provided on the home page under “Instruction Kit” tab.

Details of Fee

1. For registration of Limited Liability Partnership including conversion of a firm or a private company or an unlisted public company into Limited Liability Partnership:

(a) Limited Liability Partnership whose contribution does not exceed Rs. 1 lakh

Rs. 500/-

(b) Limited Liability Partnership whose contribution exceeds Rs. 1 lakh but does not exceed Rs. 5 lakhs

Rs. 2000/-

(c) Limited Liability Partnership whose contribution exceeds Rs. 5 lakhs but does not exceed Rs. 10 lakhs

Rs. 4000/-

(d) Limited Liability Partnership whose contribution exceeds Rs. 10 lakh

Rs. 5000/-

2. The difference between the fees payable on the increased slab of contribution and the fees paid on the preceding slab of contribution shall be paid through Form 3.

3. For filing, registering or recording any document, form, statement, notice, Statement of Accounts and Solvency, annual return and an application along with the Statement for  conversion of a firm or a private company or an unlisted public company into LLP by this Act or by these rules required or authorized to be filed, registered or recorded:

(a) Limited Liability Partnership whose contribution does not exceed Rs. 1 lakh

Rs. 50/-

(b) Limited Liability Partnership whose contribution exceeds Rs. 1 lakh but does not exceed Rs. 5 lakhs

Rs. 100/-

(c) Limited Liability Partnership whose contribution exceeds Rs. 5 lakhs but does not exceed Rs. 10 lakhs

Rs. 150/-

(d) Limited Liability Partnership whose contribution exceeds Rs. 10 lakh

Rs. 200/-

4. Fee for any application other than application for conversion of a firm or a private company or an unlisted public company into LLP shall be as under:-

(a) An application for reservation of name u/s 16

Rs. 200/-

(b) An application for direction to change the name u/s 18

Rs. 10000/-

(c) Application for reservation of name under Rule 18(3)

Rs. 10,000/-

(d) Application for renewal of name under rule 18(3)

Rs. 5000/-

(e) Application for obtaining DPIN under rule 10(5)

Rs.100/-

5. Fee for inspection of documents or for obtaining certified copy thereof shall be as under:-

(a) For inspection of documents of an LLP under section 36 Rs. 50/-

(b) For Copy or extract of any document under section 36 to be certified by Registrar

Rs. 5/- per page or fractional part thereof

6. Fee for filing any form or a Statement of Account and Solvency or a notice or a document by foreign limited liability partnership

(a) For filing a document under rule 34(1)

Rs.5000/-

(b) Any other form or Statement of Account and Solvency or notice or document

Rs.1000/-


2 Responses to “Procedure to form/incorporate Limited Liability Partnership firm in India”

  1. PARTEEK JAIN says:

    THIS INFORMATION IS VERY HELPFULL & IN GOOD DETAIL

  2. ashok kumar says:

    Good ! very infomative and usefull to understand
    keep it up

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