Limited Liability Partnership (LLP) is a body corporate formed and registered under the Limited Liability Partnership Act, 2008 and is a legal entity separate from that of its partners. LLP has perpetual succession. Any change in the partners of LLP shall not affect the existence, rights or liabilities of the LLP.
Every LLP shall have at least two designated partners who are individuals and at least one of them shall be resident in India. In case of an LLP in which all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such LLP or nominees of such bodies corporate shall act as designated partners.
Note 1: *Draft will be provided by our team
Separate Legal Identity
As a juristic legal person, both the LLP and its partners have separate legal identity that is distinct from each other.
LLP existence is uninterrupted, even the death or insolvency of partners cannot affect the continuity of business of the LLP.
Limited liability of partners
In LLP, all partners have limited liability similar to that of the shareholders of a limited company.
The statutory compliances as applicable on LLP are less as compared to a company
Audit is not mandatory
Unlike companies, audit requirement in case of LLP arises only when contributions exceed Rs. 25 lakh or turnover exceed Rs. 40 Lakh in any financial year
1. Obtaining Designated Partners Identification Number (DPIN)/DIN
DPIN is similar to DIN to be obtained in case of Limited Entities. All designated partners of the proposed LLP shall obtain “Designated Partner Identification Number (DPIN).
2. Obtaining Digital Signature Certificate
Obtaining Digital Signature Certificate
3. Reservation of Name
Filing an application in Form RUN-LLP for reservation of name with the Registrar of Companies. At least 2 proposed names of the LLP should be provided.
4. Reservation of Name
Filing an application for incorporation of Limited Liability Partnership in Form FiLLip with the Registrar of Companies for obtaining a "Certificate of Incorporation"
5. Filing of LLP Agreement
Information pertaining to LLP Agreement is required to be filed in Form-3 within 30 days of the date of incorporation
5. Obtaining PAN and TAN from Income Tax Authority
Obtaining PAN and TAN from Income Tax Authority
6. Opening of bank account and obtaining other registration(s), if required
Opening of bank account and obtaining other registration(s), if required
At CompaniesNext we ensure that our clients receive the best services at all times, our team is made up of CAs, Lawyers, CS, IIM graduates, Actuaries, and other auxiliary personnel. Our professionals deliver hassle-free services to any industry using adaptable and personalised solutions. Our current procedure is constantly being improved, and we look for fresh approaches to do the same jobs. We pledge to expedite the completion of every assignment and provide our clients with a smooth experience.
Our Company Registration service include:
DSC of designated partners
Drafting of requisite documents
LLP Registration fees
Certificate of Incorporation
LLP Agreement Drafting
Minimum two people / partners are required to incorporate a LLP and there is no limit on maximum number of Partners. At least one of the people should be resident in India.
Explanation. For the purposes of this section, the term resident in India means a person who has stayed in India for a period of not less than one hundred and twenty days during the financial year.
No, you are not required to be present at our office or appear at any office for the incorporation of a LLP. All the documents can be scanned and sent through email and the original hard copy can be couriered to our office.
To incorporate a LLP quickly, make sure the proposed name of the LLP is very unique. Names that are similar to an existing company / limited liability partnership / trademark can be rejected and additional time will be required for re-submission of names.
LLP is required to file Form 8 and Form 11 with the Registrar annually. Further, the financial statements of LLP are required to be audited in case its turnover exceeds Rs. 40,00,000 or capital contribution exceeds Rs. 25,00,000.
DPIN is a unique identification number assigned to all existing and proposed designated partners of a LLP. It is mandatory for all present or proposed partners to have a DPIN. DPIN never expires and a person can possess only one DPIN.
Every LLP shall be required to have at least two Designated Partners who shall be individuals and at least one of the Designated Partner shall be a resident of India. In case of an LLP in which all the partners are bodies corporate or in which one or more partners are individuals and bodies corporate, at least two individuals who are partners of such LLP or nominees of such bodies corporate shall act as designated partners.
Yes, Foreign Direct Investment can be made by a person resident outside India on a repatriable basis in the capital of an LLP.
For reservation of name of a LLP, Form RUN LLP is required to be filed with the Registrar of Companies with two proposed names.
No, LLPs are only allowed to do any lawful business that is carried out with a view to earn profit.
Any commercial/industrial/residential premises can be used as a registered office of the LLP in India where communication from MCA will be received for the purpose of smooth functioning of the business.
A Digital Signature Certificate (DSC) establishes the identity of the signee electronically while filing documents. The Ministry of Corporate Affairs (MCA) mandates that e-form(s) submitted on the MCA portal are digitally signed using DSC.
Yes, an existing partnership firm or a company that is unlisted can be converted into LLP. There are many advantages to converting a partnership firm or a company into LLP.
The Designated Partner needs to be over 18 years of age and must be a natural person. Even foreign nationals can be appointed as a Partner. In case of an LLP in which all the partners are corporate bodies, at least two individuals who are partners of such LLP.
Yes, a corporate body can become a partner of a LLP.
Investment by person resident outside India is prohibited in certain sectors namely:
Lottery business including Government/ private lottery, online lotteries;
Gambling and betting including casinos;
Chit funds (except for investment made by NRIs and OCIs on a non- repatriation basis);
Trading in Transferable Development Rights (TDRs);
Real Estate Business or Construction of Farm Houses;
Manufacturing of cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes. The prohibition is on manufacturing of the products mentioned and foreign investment in other activities relating to these products including wholesale cash and carry, retail trading etc. will be governed by the sectoral restrictions laid down in Regulation 16 of FEMA 20(R);
Activities/ sectors not open to private investment viz. atomic energy and railway operations;
Foreign technology collaboration in any form including licensing for franchise, trademark, brand name, management contract is also prohibited for Lottery business and Gambling and betting activities
Foreign direct investment in India has mainly two entry routes- Automatic Route and Government Route. Automatic Route is the entry route through which investment by a person resident outside India does not require the prior Reserve Bank approval or Government approval.
Government Route is the entry route through which investment by a person resident outside India requires prior Government approval. Foreign investment received under this route shall be in accordance with the conditions stipulated by the Government in its approval.