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An ISO 9001 : 2008 Certified Company
LLP Formation
Formation
Pre-requisites for
registering a LLP
- Minimum 2 Partners (Individual or body corporate)
- Minimum 2 Designated Partners who are individuals and at least
one of them
- should be resident in India.
- Digital Signature Certificate
- LLP Name
- LLP Agreement
- Registered Office
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Pre-requisites for registering a LLP
An LLP should have minimum 2 partners. In case any Body Corporate is a
partner, then it will be required to nominate any person (natural) as its
nominee for the purpose of the LLP.
Partner of LLP can be consisted of
- Companies incorporated in and outside India
- LLP incorporated in and outside India
- Individuals Resident in and outside India
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Partners of LLP
Every LLP should have minimum 2 designated partners who are individuals and
at least one of them should be resident in India.
A person or nominee of a body corporate, intending to be appointed as who
is appointed as designated partner of LLP should hold a Designated Partner
Identification Number (DPIN) allotted by the Ministry of Corporate Affairs.
DPIN can be obtained by submitting application along with address proof and
identity proof of the individuals.
Digital Signature Certificate
All forms for registration of LLP shall be filed online after signing
digitally and for this purpose, one of the designated partners shall take
digital signature certificate.
LLP Name
Selection of business name is crucial for the image of your venture. You
select a name which reflects the business you plan. Ensure selected name
satisfy LLP Name Guidelines of Ministry of Corporate Affairs.
LLP Agreement
Like partnership, partners of LLP can frame agreement for defining their
terms, profit sharing ratio etc. The basic contents of Agreement are, Name
of LLP, Name of Partners and Designated Partners, and Form of contribution,
Profit Sharing ratio and Rights and Duties of Partners.
In case no agreement is entered into, the rights & duties as prescribed
under Schedule I to the LLP Act shall be applicable. It is possible to amend
the LLP Agreement but every change made in the said agreement must be
intimated to the Registrar of Companies.
Registered Office
The Registered office of the LLP is the place where all correspondence
related with the LLP would take place, though the LLP can also prescribe any
other for the same. A registered office is required for following purposes.
At the time of incorporation, it is necessary to submit proof of ownership
or right to use the office as its registered office with the Registrar of
Companies.
LIMITED LIABILITY PARTNERSHIP FORMATION
STAGES
We are offering a range of LLP formation service that includes the
following stages:
Stage I - Partners
To form a LLP, there Minimum two partners and at least two shall be
designated partners having DIPN. In case of body corporate as partners,
their nominee can be act as designated partners. Out of two designated
partners, one must be resident in India. (Who has stayed in India for a
period of not less than one hundred and eighty two days during the
immediately preceding financial year)
Stage II - Obtaining DPIN & Digital Signature
DPIN can be obtained by making an application online with�www.llp.gov.in�After
submitting the online application, signed physical copy of Form 7 has to be
submitted to Ministry of Corporate Affairs along with certified copies of
address proof and Identity proof of the applicant.
Digital Signature can be obtained from any of the Certifying Authorities in
India.
Stage III - Name filing
After finalization of name, an application of name availability has to be
filed in form 1 with�www.llp.gov.in�for
approval. Please note that selection of name is subject to Guidelines issued
by MCA.
Stage IV - Agreement
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 with in
30 days. If no agreement is framed, provisions of Schedule I of the LLP Act
shall be applicable.
Stage V - Filing of Incorporation Documents
The following documents along with required attachments has to be filed
withwww.llp.gov.in
| Form 2 : |
Details of partners, registered office
etc Subscription Sheet: All partners are required to subscribe their
names along with signatures to the subscription sheet, which shall be
witnessed by any chartered Accountant/Company Secretary/Advocate in
practice. |
| Form 4 : |
Consent of Partners - Consent of each
partner to become a partner of Liability Partnership |
| Form 3 : |
LLP agreement - this can be filed with
in 30 days from the date of registration |
Above said documents are required to be filed after signing digitally.
After verification, registrar will register all documents and issue
Certificate of Incorporation.
Limited Liability Partnership Formation
Services
CompaniesInn, the first LLP online registration portal
offers following LLP Services.
Name Reservation Service
LLP Act 2008 provides special provisions for the Intellectual Property for
Foreign Companies/LLP. Foreign Companies/LLP interested in establishing LLP
in India can reserve its existing name by which it is registered in the
country of its regulation or incorporation for forming an LLP in future on
payment of fees of�INR 10,000. No LLP will be formed with
the reserved name during the course of reservation. The reservation is for a
period of three years and can be renewed on fresh application with fees of�INR.5,000.
LLP Agreement Drafting Service
LLP is governed by LLP Act, 2008 and the LLP agreement. Our experienced
team of legal professionals can help you to draft LLp Agreement taking into
account of requirements and applicable law. A well drafted agreement will
help smooth running of your LLP.
Annual Filing Services
Under LLP act, it is mandatory to file accounts and annual return with
Registrar of LLP. CompaniesInn can help you in filing returns in time and
thus avoid penalty.
Induction of New Partners and changes thereof
In terms of LLP law, induction of partners and changes there of has to be
intimated to Registrar by filing specified returns. Our LLP law experts can
assist you in inducting new partners and effect the changes in partners.
Other LLP Services
Companies offers following LLP Services as well.
- Conversion of Firms / Companies to LLP
- Conversion of LLP to Company (under Part IX of the Companies
Act,1956
- Compromise, Arrangement or Reconstruction of Limited Liability
Partnerships
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