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Introduction

Limited Liability Partnership (LLP) has become a preferable form of organization among entrepreneurs as it incorporates the benefits of both partnership firm and company into a single form of organization. It is governed by the provisions of Limited Liability Partnership Act, 2008.

Features of LLP

  • It has a separate legal entity like companies
  • The liability of each partner is limited to the contribution made by them
  • The cost of forming and running LLP is low compared to companies
  • Less compliance and regulations
  • No requirement of minimum capital contribution

Pre-registration requirement

Number of partners = Minimum 2, Maximum No limit

Number of designated partners = Minimum 2 (at least one should be resident in India)

Charter of LLP = LLP Agreement

Process of Registration as LLP

Step 1: Obtain DSC

Before initiating the process of registration, you must apply for class 2 digital signature of the designated partners of the proposed LLP. This is because all the documents for LLP are filed online and are required to be digitally signed.

Step 2: Name Approval

File ‘RUN LLP’ which is a web service in which you can fill 2 proposed names of LLP. RUN LLP can be accessed after login to MCA. RUN LLP will be processed by Central Registration Centre (CRC).

Step 3: Incorporation of LLP

Form FiLLiP is the application form for the incorporation of the LLP. FiLLiP will be an integrated form offering multiple services viz. allotment of DIN, Reservation of Name and Incorporation of LLPs. Consequent upon notification of FiLLiP, existing Form 2 will be replaced with these new form.

Attachments of FiLLiP

  • Subscribers Sheet and Consent
  • PAN Card and Aadhar Card of Partners and Designated Partners
  • Proof of Registered Office like Sale Deed/Rent Agreement etc
  • Utility Bill like Electricity/Gas/Telephone Bill (NOT OLDER THAN 2 MONTHS)
  • NOC of owner to use premises as Regd office of Company
  • Details of LLP and Company in which partner/designated partner is a Director/Partner

Step 4: File LLP Agreement

LLP agreement governs the mutual rights and duties amongst the partners and also between the LLP and its partners. LLP agreement must be filed within 30 days of incorporation in form 3. The LLP Agreement has to be printed on Stamp Paper. The value of Stamp Paper is different for every state.

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Author Bio

CS Dhaval Gusani is a founder of DVG & Associates, Company Secretaries and Corporate Law Professionals. He is a Commerce and Law Graduate and an Associate Member of the Institute of Company Secretaries of India (ICSI). He has cumulative experience of more than 8 years with Listed Company, Charte View Full Profile

My Published Posts

Understanding ESOP from a Startup perspective Managing Director and Whole Time Director in a Private Limited Company Process of Closing of LLP in India Reclassification of Authorized Share Capital of The Company Reverse Flipping – It’s Time To Internalise The Externalize View More Published Posts

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2 Comments

  1. ANILKUMAR says:

    Aadhar copy not accepted by MCA as address proof . Form has option for only utility bills and bank statements. Also for LLP address proof utility bill copy is demanding.

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