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All About Limited Liability Partnerships

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Hemapriya kanakkupillai
All About Limited Liability Partnerships

Two or more persons can associate for carrying out any lawful business with a view to profit. They have to file incorporation document, containing prescribed details like name, proposed business, address of registered office, name and address of partners, name and address of designated partners and other information as may be prescribed by rules

Incorporation document

For a limited liability partnership to be incorporated –

(a) two or more persons associated for carrying on a lawful business with a view to profit shall subscribe their names to an incorporation document

(b) the incorporation document shall be filed in such manner and with such fees, as may be prescribed with the Registrar of the State in which the registered office of the limited liability partnership in India is to be situated; and

(c) there shall be filed along with the incorporation document, a statement in the prescribed form, made by either an advocate, or a Company Secretary or a Chartered Accountant or a Cost Accountant, who is engaged in the formation of the limited liability partnership and by any one who subscribed his name to the incorporation document, that all the requirements of the LLP Act and the rules made thereunder have been complied with, in respect of incorporation and matters precedent and incidental thereto – section 11(1) of LLP Act.

Procedure for Incorporation of LLP

  • Two partners to be designated as ‘designated partners’ should apply and get DIN (Director Identification Number) from Central Government by applying electronically in form No. 7 and subsequently sending physical forms.
  • The designated partners should obtain Digital Signature Certificate (DSC) Class II or above from a Certification Agency (CA).
  • User registration – Register DIN and DSC with LLP by visiting www.llp.gov.in.
  • Check name availability which is available on the aforesaid website
  • Apply for reservation of name in form RUN-LLP. Alternatively, application for reservation of name can be made along with incorporation document in form FiLLiP [Form for incorporation of LLP registration online]
  • After obtaining reservation of name, fill up form FiLLiP [Form for incorporation of Limited Liability Partnership] It has to be digitally signed by designated partner and a professional (advocate/practising CA/CS/ICWA). Upload the form and pay fees electronically.
  • LLP will be incorporated by ROC and registration certificate will be granted by Registrar of Companies (ROC) in form No. 16
  • File form 3 (Information with regard to LLP Agreement) and form 4 (Notice of appointment of partner/designated partner) electronically with fees. The details can be submitted either with form FiLLiP [Form for incorporation of Limited Liability Partnership] itself or within 30 days of date of incorporation. If not submitted within 30 days, additional fees would be payable.
  • Send original copy of LLP Agreement which is duly stamped.
  • LLP is now ready for commencing business.
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