Procedure
to Form/Incorporate Limited Liability Partnership (LLP) Firm in India
STEPWISE FORMALITIES FOR FORMATION OF
A NEW LLP
Persons desirous of forming a Limited
Liability Partnership Firm must adhere to the step by step procedure as
discussed below:
- Requirement of Partners;
- Apply for Designated Partner Identification Number (DPIN) and Digital Signatures, if does not have;
- Selection of name for the proposed Firm;
- Drafting of LLP Agreement for Firm;
- Stamping, digitally signing and e-filing of various documents with the Registrar;
- Payment of Fees;
- Verification of documents/forms by ROC;
- Obtaining Certificate of Incorporation.
1. Requirement
of Partners:
To form a LLP, there
should be 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)
2. Designated
Partner Identification Number (DIN) & Digital Signature Certificate (DSC):
·
DPIN
All designated partners of the proposed LLP shall obtain “Designated
Partner Identification Number (DPIN)”. You need to file eForm DIN-1 in order to
obtain DIN or DPIN. In case you already have a DIN (Director Identification
Number), the same can be used as a DPIN.
Note: Copy
of PAN card mandatory for all Indian Applicants & Copy of Passport
mandatory for foreign national or NRIs. In case of Partner is foreign national
or NRIs identity & address proof should be notarized by an Indian Consulate
of home country & address proof should not be older more than 1 year from
the date of filing of form.
·
DSC
Digital Signature
Certificate (DSC) is the digital equivalent (i.e. electronic format) of
physical or paper certificates. A digital
certificate can be presented electronically to prove your identity, to access
information or services on the Internet or to sign certain document digitally.
Since, Ministry of Corporate Affairs (MCA) accepts electronic submission of
Forms on its portal the DSC is mandatory for all the users.
Documents required for
obtaining DSC:
Digital Signature
Certificate application form (duly signed by applicant) & all same
documents as required in DIN application form
3. Selection
of name for the proposed LLP:
The Partners have to provide at least 6
names in the order of their preference/priority. The partners can themselves
search for the available names by visiting the MCA website.
After selecting name for the LLP time to
file Application of Name Reservation with ROC in e-form 1, the applicant needs to give 6 proposed names in
preferences/priority along with their meaning & significance of each word.
This form should be digitally signed by the Designated Partner of Firm.
4. Drafting
of LLP Agreement for Firm:
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.
5. Stamping,
digitally signing and e-filing of various documents with the Registrar:
After name approval
following forms to be filed with ROC on the MCA website:
1) Form-2 (Incorporation document &
subscriber’s Statement), along with No. of Partners & Personal
details thereof, Address Proof of Firm, Copy of Subscriber’s Sheet including
consent. This form should be digitally signed by the Designated Partner &
Chartered Accountant.
2)
Form-2A
(Details in respect of designated partners and partners of Limited Liability
Partnership), along with Copy of Subscriber’s Sheet
including consent. This form should be signed by Designated Partners.
3) Form-3 (Information with regard to
Limited Liability Partnership Agreement and changes, if any, made therein). This
form should be signed by Designated Partners.
6.
Payment
of Fees:
After filing of documents
online, we need to make payment to ROC fees & Stamp Duty electronically
which is based upon the Authorised Capital of the LLP. Please refer to the “Fee Calculator” link on the MCA
website for the ROC fees.
Note: Stamp Duty varies as
per the “State” in which the LLP is to be registered. Please refer to the “Stamp Duty” link on the MCA website
7. Verification
of documents/forms by ROC:
After payment of all stamp
duties & ROC fees, ROC scrutinizes all the documents & forms. In case
of any objection/queries raised by ROC, resubmission of form may also require.
8.
Obtaining Certificate of
Incorporation:
Once all the Forms are duly
approved by ROC, the digitally signed “Certificate of Incorporation” is emailed
to the Designated Partner.
As part of Green Initiative
by the MCA, few Certificates including “Certificate of Incorporation” are now
issued only in the electronic format i.e. softcopy (having digital signature of
ROC). Once the Incorporation Certificate is received, LLP can start its
operations.
Queen Casino Canada | $500 Bonus + 100 Free Spins
ReplyDeleteCheck クイーンカジノ out Queen Casino 12bet Canada's amazing welcome クイーンカジノ bonus. We are proud to introduce you to one of the most trusted and reliable online casino
FSSAI/FoSCoS registration is now mandatory for all food businesses. You can now seek advice from our dedicated FSSAI experts by filling out the FSSAI & FoSCos Food Licence Form online.
ReplyDeleteThanks for sharing valuable information about Private Limited Company Registration
ReplyDeleteThanks for sharing information
ReplyDeletePrivate Limited Company Registration in India