LLP REGISTRATION
LLP REGISTRATION
Limited Liability Partnership (LLP) registration in India is governed by the Limited Liability Partnership Act, 2008. An LLP is a legal business structure that combines the limited liability of a company with the operational flexibility of a partnership. Here's a step-by-step guide on how to register an LLP in India:
-
Designated Partners: You need a minimum of two designated partners to start an LLP. At least one of them should be an Indian resident.
-
Digital Signature Certificate (DSC): The designated partners must obtain Digital Signature Certificates (DSC) from government-approved agencies. This is required to file the online application forms.
-
Director Identification Number (DIN): If any of the designated partners don't have a DIN, they must apply for one through the Ministry of Corporate Affairs (MCA) website.
-
Name Reservation: Choose a unique name for your LLP and apply for its reservation through the MCA's Name Reservation portal. The name should not infringe on any existing trademarks.
-
Incorporation Documents: Prepare the incorporation documents, which include the LLP Agreement and consent of the partners. The LLP Agreement should be stamped as per the Indian Stamp Act.
-
Filing of Form 2: After obtaining the DIN and name reservation, file Form 2 (Incorporation Document and Statement) on the MCA portal. Attach the necessary documents, including the LLP Agreement and consent of the partners.
-
Payment of Fees: Pay the prescribed registration fees based on the capital contribution of the LLP.
-
Verification of Documents: The Registrar of Companies (RoC) will verify the documents, and if everything is in order, they will approve the LLP registration.
-
Certificate of Incorporation: Once approved, the RoC will issue a Certificate of Incorporation. This is the conclusive proof of the existence of your LLP.
-
LLP Agreement: Draft an LLP Agreement that outlines the rights and responsibilities of the partners. This agreement must be filed within 30 days of incorporation.
-
PAN and TAN: Apply for Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for your LLP.
-
Compliance: Ensure you comply with all tax and regulatory requirements, including filing annual returns, income tax returns, and other statutory filings.
The process may vary slightly depending on the state in India where you wish to register your LLP. It's advisable to consult with a legal professional or a company secretary who is well-versed in the LLP registration process to ensure that all legal requirements are met.