Conversion of Company into Limited Liability Partnership

LIMITED LIABILITY PARTNERSHIP

LLP is a unique form of legally recognized corporate entity, which integrates the features of both the limited corporations and the traditional partnership firms. As it is a unique Hybrid Combination of both Company and Partnership, this LLP is especially suitable for small to medium-sized business enterprises and professionals particularly

STEPS Conversion of Company to Limited Liability Partnership

• Obtain DIN No of all proposed Designated Partner/ Partner.

DIN Application Procedure

• Self attested Pan Card
• Self attested Address Proof
• Same is to be attached in DIN Form after attestation of Professional.
• DSC of the applicant as well as Professional is required to be attached.
• Form 1 is to be filed first for Conversion of Company into LLP

Attachment of Form 1:

• Board Resolution for conversion is to be attached
• We shall receive the Name Approval Certificate once  the form is approved of the same.
• Form 18 & 2 is required to be filed under Linked Form.

Attachment of Form 18

• Consent of Shareholders
• Annual set of Accounts not older then 30 days from date of filing.
• Latest Acknowledgment of ITR Return
• Declaration stating that Company shall not borrow funds as per RBI Act, SEBI Act and Companies Act, 2013 until Company gets converted into llp.

Attachment of Form 2

• Address Proof not older then 2 months.
• NOC from the Owner of Premises to use the premises as Registered office Address Proof
• Subscribers Sheet (Hand written)
• We shall receive the Certificate of Incorporation with the approval of Form 18 & 2.
• Filing Form 3 is the last Form for Conversion of Company into LLP

Attachment  of Form 3:

• LLP Agreement.
• With this the Process of Conversion from Company to LLP is completed.

Key Points

• Audit is required if Turnover is above 40 Lacs or Contribution is more than 25 Lacs
• Two Annual Form has to be filed i.e.
• Form 8 (Annual set of Accounts)
• Form 11(Annual Return)
• No Registers are required to be maintained.
• Minimum 2 designated partner are required.

Note: It may be noted that it has been clarified by the Ministry of Corporate Affairs that a HUF or its Karta cannot become partner or designated partner in LLP.