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New Process for Limited Liability Partnership (LLP) Registration

In the wake of successfully initiating Ease of Doing Business (EoDB) reforms by introducing game changing, simplified and integrated procedures viz. SPICe (Simplified Proforma for Incorporating Company electronically), Reserve Unique Name (RUN) for starting a business in India, the Ministry of Corporate Affairs has now launched another major reform by way of process reengineering of incorporation of Limited Liability Partnership (LLP) as well on a big scale.

INTRODUCTION

In the wake of successfully initiating Ease of Doing Business (EoDB) reforms by introducing game changing, simplified and integrated procedures viz. SPICe (Simplified Proforma for Incorporating Company electronically), Reserve Unique Name (RUN) for starting a business in India, the Ministry of Corporate Affairs has now launched another major reform by way of process reengineering of incorporation of Limited Liability Partnership (LLP) as well on a big scale.

PROCEDURE FOR APPLYING THE NAME OF LLP THROUGH ‘RUN-LLP

(Reserve Unique Name – Limited Liability Partnership)’

STEP 1:

This is a ‘post-login’ service and existing users would need to login into their account using their credentials. New users are required to create a login account first before using the service.

(A) Login from your user id and password on www. mca.gov.in

(B) Go to MCA Services and select RUN-LLP Form

(C) FILL THE DETAILS MENTIONED BELOW:

  •  Select the New Incorporation from 1st column
  • Fill the Two Proposed name
  • Mention the Objects of the Proposed LLP and any other relevant documents.
  •  Mention the LLPIN no of the LLP which is resembled with the proposed name of the LLP.
  •  Auto Check the Form and Submit and Pay the

Note: DPIN/DIN/DSC would no more be a pre-requisite for Name reservation through RUN-LLP

PROCEDURE FOR INCORPORATION OF LLP VIA NEW FORM-FILLIP

For the purposes of section 11, the incorporation document shall be filed in Form FiLLiP with the Registrar having jurisdiction over the State in which the registered office of the limited liability partnership is to be situated

Designated Partner Identification Number (DPIN)

  • We should apply the DPIN number in the Form FILLIP Itself
  •  Maximum Two Partners shall apply the DPIN number in the form FILLIP.

ATTACHMENT REQUIREMENT:

S.NO CIRCUMSTANCES ATTACHMENT
1 MANDATORY IN ALL CASES Proof of address of registered office of LLP.
2 MANDATORY IN ALL CASES Subscribers’ sheet including consent.
3

Mandatory in case partner or designated partner is also a director or partner in any other company or LLP

Detail of LLP(s) and/ or  company(s) in which partner/   designated   partner   is   a   director/ partner. (IF Any)

4

If the proposed name is based on a registered trademark  or is subject matter of an application pending for registration  under  the Trade  Marks Act, then it is mandatory to attach the copy of approval of the owner-

NOC from the Registered Trademark Owner

5

In case DIN / DPIN is to be allotted to designated   partners   through   FiLLiP form, proof of identity and address needs to be attached here.

What Document included in Proof of Identity?

Voting card or driving license or passport

6

In case DIN / DPIN is to be allotted to designated   partners   through  FiLLiP form, proof of identity and address needs to be attached here.

What Document included in Proof of Address?

Bank statement or electricity bill or water bill or telephone bill

7

In case the proposed name is identical with any existing company or   existing LLP, proof  of no objection shall be andatory to be attached.

Copy  of  Board  resolution  of  the  existing company or consent of existing LLP as a proof of no objection

Fee liable to be paid along with the FiLLiP form is mentioned as follows:

S. No. Contribution Value in INR Fee Payable in INR
1. Up to 1, 00, 000 500/-
2. More than 1,00,000 up to 5,00,000 2,000/-
3. More than 5,00,000 up to 10,00,000 4,000/-
4. More than 10,00,000 5,000/-

CHANCES OF RE-SUBMISSION

Where the Registrar, on examining Form FiLLiP, finds that it is necessary to call for further information or finds such application or document to be defective or incomplete in any respect, he shall give intimation to the applicant to remove the defects and re-submit the e-form within fifteen days from the date of such intimation given by the Registrar.

(b) After re-submission of the document, if the Registrar still finds that the document is defective or incomplete in any respect, he shall give one more opportunity of fifteen days’ time to remove such defects or deficiencies:

Provided that the total period of re-submission of documents shall not exceed thirty days.

Certificate of Incorporation: 

The Certificate of Incorporation of limited liability partnership shall be issued by the Registrar in Form 16.”

LLP AGREEMENT

HOW  TO  FILE  THE  LLP  AGREEMENT  AFTER  INCORPORATION  OF  LIMITED LIABILITY PARTNERSHIP FIRM?

  • LLP agreement has to be drafted line with LLP Act. It is not mandatory to file LLP agreement at the time of registration and same can be file within 30  days. Designated partners are responsible for doing all acts, matters and things that are required to be done for complying with the provisions of the LLP act. They are liable to all penalties imposed on the LLP.
  • Information with regard to LLP Agreement shall be filed in the Form LLP-3.
  • LLP Agreement shall be signed and duly stamped and notary.
  • LLP-3 Form Should be filed with in 30 days from the date of incorporation

Author can be reached at Email: info@finlegalforte.com    Mob; +91-9871027426

Categories: Corporate Law

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