Complete Guide to Stay Organized and Compliant for LLP Registration in India

While Limited Liability Partnerships Registration (LLPs) are corporate company arrangements, they contain the finest traits and advantages of both companies and partnerships. They include restrictions on owners’ liability, a separation of management from ownership, and a requirement for registration. Professional know-how and entrepreneurial spirit can work together in this way to operate in a flexible, creative, and effective way.

The LLP agreement, a document signed by all of the partners and containing all the terms and conditions mutually agreed upon by them, is what determines whether an LLP is a partnership firm or not. The LLP Agreement contains information about the partners’ capital contributions, their rights and obligations, the profit-sharing percentage, and the process for admitting and dismissing partners.

What prerequisites must be satisfied before establishing or going for an LLP registration online?

You must first satisfy the following requirements in order to  LLP registration online Done:

  • A number of partners: At least two partners are required to register an LLP. The number of partners that an LLP may have, however, is not capped.
  • Minimum Prescribed Capital: There is no required minimum capital to establish an LLP. For the firm to run well, the partners must inject enough money, though.
  • The number of designated partners is: The partners of an LLP are not required to oversee the operation of the company, in contrast to the partners of a partnership firm. The minimum number of chosen partners for this purpose is two, with at least one of them having to be an Indian resident. A firm may have a maximum of fifteen Designated Partners.
  • Name: The name of the LLP must be distinctive, unique, and not the same as the name of another LLP or firm that already exists. A registered trademark or a trademark application must not be identical to the name. To learn more about choosing a name that is appropriate for an LLP, read our blog post on name standards.
  • Before beginning the process of its establishment and registration, the LLP must have a registered address for its principal office or place of business.

What advantages come with LLP Registration in India?

To benefit from both types of company organizations, Limited Liability Partnerships (LLP) combine the greatest traits of private limited companies and partnership firms. The list of all such advantages that come with LLP Registration in India can be found below.

  • Partners’ liabilities are restricted in the proportion that has been mutually agreed upon.
  • An LLP has a distinct legal character as a result of its registration or incorporation.
  • Due to the fact that it has a distinct legal personality, an LLP is able to make transactions and open bank accounts in its name.
  • An LLP can be created for less money than a business.
  • Less compliance is necessary for an LLP than for a Private Limited Corporation.

What paperwork is necessary for Online LLP registration in India?

Documents of all partners, paperwork for the applicant’s designated partner, documents for the registered company address, and other legal draughts can all be classified as necessary for LLP registration. All of the paperwork required for Online LLP registration in India is mentioned here. Your LLP registration application form may be rejected if any of these documents are missing.

Documents for Partners and Designated Partners

Evidence of Partners’ Identity

All partners, including the applicant’s chosen partner, are required to present one of the following documents as identification:

  • Passport Voter ID
  • driving permit
  • ID card, Aadhar

The PAN cards of all partners are necessary for the incorporation of the LLP in addition to the ID evidence. Make sure the paperwork is accurate and up-to-date before submitting them to the Registrar of Companies for the establishment of the LLP.

Proof of Partners’ Address

The PAN cards of all partners are necessary for the incorporation of the LLP in addition to the ID evidence. Make sure the paperwork is accurate and up-to-date before submitting them to the Registrar of Companies for the establishment of the LLP.

  • Account Statement
  • Notably, none of them should be older than two months. Power. Telephone. Water.

Photograph A passport-sized, well-colored photo with a white background must be submitted by each partner as well as the applicant’s designated partner.

Passport The spouse must present his passport as identification proof if he or she is a non-resident Indian or a foreign national. This document must be notarized and apostilled by the relevant authorities or the Indian Embassy of the country where the foreign national or NRI is based.

Documents pertaining to the LLP’s registered offices

  • Before starting the process of formation, an LLP must have a registered address for its principal office or place of business. However, within 30 days after the date of incorporation, it must have a registered office address and notify the Registrar of Companies in form INC 22. If it doesn’t have a registered office location, it can still proceed with incorporation with a temporary address.
  • The rent agreement and the owner’s no objection certificate must be supplied during the LLP registration process if the registered office is rented. The LLP may not use the facility as its “registered office” without the landlord’s consent.
  • Moreover, any of the following utility invoices that are no older than two months can be provided as proof of address: a gas, electricity, telephone, or water bill.

Certificate for Digital Signature (DSC)

A digital signature certificate must be used to sign the LLP registration application online. Only the signatory designated partner is required to have a DSC before the LLP may be registered because the application for LLP registration can be signed by any designated partner who is permitted to do so, as well as by any or all of the partners. The digital signatures of partners may also be required on a number of forms and applications after registration, though. Hence, getting a DSC for future use is encouraged for all partners and authorized partners.

Step-by-step LLP registration procedure followed for LLP Registration Online In India 

The following are the actions to take in order to get LLP Registration Online In India Done:

  • getting the applicant’s selected partner’s DPIN and DSC
  • To minimize any headache or difficulty during the registration process, gather all the documents needed for LLP registration in advance.
  • A Limited Liability Partnership must be registered (new registration).
  • Using Form 1 or the RUN application, reserve the LLP’s name.
  • Form 2 must be completed and submitted along with the other documentation for LLP registration.
  • Create and sign the LLP Agreement after the LLP is registered, then submit it within 30 days after the registration date.

Conclusion

Due to its formal incorporation, an LLP Registered in India has a separate legal existence and is entirely responsible for upholding its commitments. In an LLP, the partners’ rights and obligations are defined by mutual agreement. The process for forming an LLP and the necessary paperwork has previously been described above.

LIMITED LIABILITY PARTNERSHIP COMPANY [LLP] FORMATION IN INDIA

LIMITED LIABILITY PARTNERSHIP COMPANY [LLP]

The LLP stands for limited liability partnership which can be defined as a corporate entity registered under the limited liability partnership act ,2008.

It can also be defined as a hybrid form of partnership that enjoys limited liabilities and also includes features of a company.One should note that the compliances for a company are applicable to limited liability partnership.

  • BUSINESS WHERE LLP NEED APPROVAL FOR REGULATORY AUTHORITIES –

There are certain business activities where the limited liability partnership companies need prior authority of regulatory authorities before the beginning and usch business activities are venture capital ,banking , stock exchange ,merchant banking ,architecture , chit fund ,reconstruction , NBFC ,mutual fund etc.

All the activities marked above need the prior approval for concerned authorities and bodies before starting the business as per terms and conditions of the companies act ,2013.

  • FOREIGNER CAN BECOME A PARTNER IN LLP –

According to new companies act ,2013 , the foreigner can also become a partner in the limited liability company keeping in mind that there should be at least one member or partner in the company who is an indian citizen and resident of India in the previous calendar year.

  • CONVERSION OF PARTNERSHIP FIRM INTO LLP –

A partnership firm can be easily converted into the limited liability partnership firm according to rules defined below –

A form 17 is needed to be filed along with the form 2 for the conversion of the partnership firm into the limited liability partnership company.

One should note that an existing partnership firm by complying with the provisions of clause 58 and schedule 2 of Limited liability partnership act can be easily converted into a limited liability partnership company.

  • MINIMUM PARTNERS REQUIRED TO FORM LLP –

As per the Limited Liability Partnership act,2008, The minimum partners required to incorporate a limited liability partnership firm is two and there is no limit for the maximum number of partners.

  • A FOREIGN LLP CAN ESTABLISH BUSINESS IN INDIA –

According to the new companies act,2013 a foreign limited liability partnership company can easily establish a business in India.The process involves filing of form 27 with the ROC.

The form includes various details such as foreign LLP incorporation , two authorized representatives ,designated partners for compliances under the act.

  • ADVANTAGES OF FORMING LIMITED LIABILITY PARTNERSHIP COMPANY –

The advantages of forming limited liability partnership companies are defined below –

1] FEATURES OF PARTNERSHIP AND COMPANIES –

The basic and foremost advantage is that LLP includes features of both partnership firm as well as the company.Therefore both the types of feature are available here.

2] INCORPORATION COST INVOLVED –

  The cost involved in the incorporation of the limited liability partnership company is very low.

3] MINIMUM TWO AND MAXIMUM PARTNERS EXEMPT –

 In LLP there is no limit for the maximum number of the partners and minimum required partners for the incorporation is two.

4] AUDIT NOT MANDATORY –

 There is no mandatory audit to be done in LLP unless the turnover exceeds Rs. 40 lac. And the capital contribution exceeds rs.25 lac.

5]MAINTAIN ONLY ACCOUNT BOOKS-

 There are very few records to be maintained i,e only the books of account are needed to be maintained.

6] LIMITED LIABILITY OF PARTNERS –

 In the case of LLP , the partners’ liability is limited to his shares and therefore the personal assets of  every partner is safe and secured.