It is a tactful process of incorporation of LLP and it includes a step by step process. LLP is an emerging small business entity practiced in India under a certain act known as LLP Act, 2008. The relaxation of the FDI rules which concerns with LLP has drastically increased the interest amongst certain NRIs and Foreign Nationals.
Advantages of formation of the Limited Liability Partnership
- Limited Liability: It is seen that all the partners are equally responsible for the development of the firm. No partner alone is responsible alone for the total profit. There tends to arise a dispute when it comes to sharing the profit. This is why many people hesitate to become partners.
- Separate Entity: The LLP is considered as a completely separate entity. It can have a personal name and is liable for his actions.
- Right to sued and be sued: It can both sue or be sued in turn.
- Simplicity: The process of forming the LLP and maintain it is very simple. A definite meeting, the resolution is not essential to carry this out.
- Perpetual existence,
- A limited number of members
- a large number of partners.
- It has a different legal framework much like a corporation
- Less Compliance and Legislation
- The cost of creating an LLP is small.
- The liability of each partner shall be limited to the contribution made by the partner.
- No minimum capital contribution requirement
There are certain rights and duties of a partner that need to be fulfilled by him/her.
General Duties of Partners in LLP:
It is essential for the partners to maintain their business of the LLP. This helps the partner to maintain a just and faithful relationship.
Duty to Indemnify for Fraud: If one makes any loss which is the result of fraud he is required to indemnify for it.
- Rights of Partners in an LLP
- The right to conduct the business.
- The right to maintain the duties which relate to the conduct of his/her business.
- The majority of partners have the right to settle disputes after hearing the opinion of every partner.
- The right to inspect and copy accounts of the book if any of the partners dies.
- Implied authority of partner-
- The partner has the authority to bind the LLP in case his business way is carried out by the LLP.
Property that belongs to the LLP:
- The property of the LLP includes all the interests and rights. These were originally brought by the LLP Duties and Partner in LLP. The LLP owns all the money which are got by the developed property and assets of the LLP.
Formation of Limited Liability Partnership (LLP)
Essential documents required for LLP Registration
Here are the Details and documents required to register as LLP
- Copy of Residence Proof of Partners
- Copy of ID Proof and PAN Card of the Partners
- Copy of Address Proof of the partners
- Copy of Passport (in case of Foreign Nationals/ NRIs)
- Copy Photograph
Copy of Documents required of LLP:
- DSC Certificate
- Copy of Proof of Registered Office Address
There are certain essential documents that are required for the Indian Nationals to register. These include the –
- Pan Card: A copy of the Pan card is essential in the registration process because the pan card number has a unique value.
- Address Proof: An address proof stands to be an essential document. The name of the person should be the same which was seen in the Pan card. The current address of the person should be present in it.
- Other documents can also be accepted as address proofs. They are the passport, Election Card, Ration Card, Driving License, Electricity Bill, Telephone Bill, and Aadhaar card.
- Residential proof: Along with the address proof, it is required for one to give the residential proof which helps to validate the current address of the Partner. One can accept the Bank Statement, Electricity bill, Telephone bill, and the Mobile bill as the residential proof.
- Foreign nationals who are Partners in LLP: It is required for foreign nationals to present certain essential documents. They are a passport, address proof. The driving license, residence card, bank statement, and a form issued by the government which contains your address can be presented as address proof. As residential proof, the bank statement, electricity bill, telephone bill, and mobile bill is accepted.
- Registered office proof: There must be some proof that can be used to proof your office address of the LLP.
- Subscriber sheet: After getting the approval of the name from the Ministry of Corporate Affairs there is a need for preparing the incorporation documents. They also need to fill by the R.O.C.
Basic Process of LLP Registration
Step 1: Get DSC
Step 2: Apply for DIN
Step 3: Apply for Name Approval of LLP
Step 4: Filling the formation of LLP form
- The form used for registration is FiLLiP(Form for the incorporation of Limited Liability Partnership) filed with the Registrar who has jurisdiction over the state in which the registered office of the LLP is located. The type is going to be an interactive form.
- Fees, as set out in Below, shall be paid.
This form also provides for the application for DPIN allocation where a person who is to be named as a designated partner does not have a DPIN or a DIN.
- The application for assignments can be made by only 2 persons.
- The request for reservations can also be made via FiLLiP.
- If the name applied for is approved, the approved and reserved name shall be granted as the proposed name of the LLP.
Step 5: finally File LLP Agreement
Filing of an LLP Agreement
The rights and the duties of the partners in the LLP are rightfully governed by the LLP Agreement. It is required to file the LLP agreement within 30 days after the incorporation of the LLP has been done. If one fails to file the LLP agreement within the specified time he has to pay a penalty of Rupees 100 every day. One can be charged a fine up to any limits.
Cost Involved during the Registration Process of LLP
Following is the Govt. fees for filing forms in LLP Registration:
|Step by Step process||Govt. Fee and other related Cost|
|First Step – DSC||DSC Cost should be around INR 2k for two partners(it can be vary depending on the firm/company)|
|Second Step – DIN||INR 1k for 2 partners|
|Third Step – Name Reservation from ROC||Rs. Two hundred|
|Fourth Step – Formation filling||It depends on the capital contribution made by the Partner.
Capital contribution up to INR 1,00,000/- INR 0.5k
Capital contribution between INR 1,00,000/- to INR 1,00,000/- INR 2k
|Fifty Step – Filling of LLP Agreement||It depends on capital contribution.
Capital contribution up to INR 1,00,000/- Rs 50 for filing Form 3 and stamp duty based on the state where LLP is formed
Time to be involved in the LLP registration process
LLP formation from receiving DSC to Filing Form 3 shall take approximately fifteen days, conditional to the availability of all documentation.
LLP Compliance Post-Incorporation
There are some compliance and also procedural matters that are to be finished after the incorporation of a Limited Liability partnership. The post-incorporation of all the compliance required for the company is much lesser than the overall compliance requirement.
Step A: After Incorporation of LLP – Opening a Limited Liability Partnership newly open Bank Account
- List of following Documents Required for bank account opening
- Copy of Limited Liability Partnership PAN Card
- Copy of Resolution for opening and operating LLP bank account
Step B: Limited Liability Partnership Agreement required to be Filing of (Form 3)
- Time frame: The Limited Liability Partnership must file a duly executed Limited Liability Partnership Agreement with ROC within thirty days of formation.
- Modes of deposits :
- Filling of Limited Liability Partnership Agreement is a Contract between Partners.
- On frailer of compliance, the Penalty is heavy. Per day penalty is Rs. 100 till the Form is filed.
- Additional Tips
- Most of LLP miss the Form 3 filing and Due to that LLP end up Pending heavy penalties
Step C: Then Next step is required to Depositing of Share Contribution money into Bank Account
- Time frame: Within the Stipulated period of the formation of the Limited Liability Partnership, every partner must deposit the contribution into the newly open bank account of LLP.
Step D: You needed to get complete the LLP Goods and Services Tax Registration
- Time frame: If your current supply of goods or service is over Rs. 20 lakh, you need to get a Goods and Services Tax (GST) Registration (if your business operates exclusively in the North-Eastern states, Rs. 10 lakh).
- In case supplying goods or services to another state, need to apply for Goods and Services Tax regardless of turnover.
- Even online service provider serving customers in another State will instantly attract GST registration.
- Get Goods and Services Tax registration in one day through CA Rajput
Step E : Ministry of Micro, Small and Medium Enterprises (MSME /SSI) Registration
- Requirements: MSME /SSI Registration is the procedure to get your Limited Liability Partnership registered under MSME development Act for SME benefits.
- You may get MSME registration in one day through CA Rajput
Step F: You can get your LLP Trademark Registration
- Requirements: Many LLP brands in the world value their trademark more than their any other physical assets and want to safeguard it through; Trademark Registration.
- You may get TM Registration in one day through CA Rajput
Step G: Accounting Process
- Requirements: you may get your billing, keeping the books of account & cash flow management set right from the beginning
- CA Rajput gives away free Online Invoicing and cash flow management software with automatic Bank account syncing for its AMC clients which starts CA Rajput
Step H: Limited Liability Partnership Income tax return Filing
Step I: Limited Liability Partnership ROC Filing of Annual Return
- Requirements: Every Limited Liability Partnership is required to file its yearly Return (Form 11) with the ROC by 30th of May. The Financials including Profit and loss account & Balance Sheet, (Form 8) to be filed by 30th October.
- The MCA yearly Filing is an annual event giving details of Management, Financial performance and Governance of Limited Liability Partnership to the MCA under whose jurisdiction the LLP’s registered office is located.
FAQ’s on LLP
Comparative Structure of Start Up
Q 1. That’s right. Compulsory conditions of LLP Incorporation Designated Partners?
Ans, At least two people have been named as partners. They’re supposed to be staying in India. They are also responsible for carrying out all the actions, matters and items needed by the LLP.
Q 2. What is the Minimum LLP contribution?
Ans, There are no minimum criteria for the whole contribution of LLP Incorporation. Example: It can also be shaped at least as Rs. 1000/-Capital.
Q 3. Why an LLP model usually pick by professionals?
Ans, Professionals who use LLPs tend to rely heavily on their credibility. Most LLPs are developed and operated by a community of experts with a lot of experience and clients. By pooling capital, partners minimize the cost of doing business while growing the LLP’s growth potential. They can share office space, workers, and so on. Most significantly, lowering costs helps partners to make more money from their operations than they might make on an individual basis.
LLP partners can also have a variety of junior partners in the firm who work with them in the expectation of becoming a full partner eventually. These junior partners are paid a salary and frequently do not have any interest or responsibility in the partnership. The key thing is that they are trained practitioners to carry out the work that the partners put in.
This is yet another way that LLPs are allowing partners to scale up their operations. Junior partners and workers take away the detailed work and free the partners to concentrate on new business.
The opportunity to put partners in and let partners out is another advantage of the LLP. As a partnership arrangement exists for the LLP, the partners can be added or excluded as outlined in the agreement. This comes in handy as the LLP can still add partners to the established company. Usually, the decision to incorporate needs the consent of all current partners.
Q 4 What is LLP stationery
Ans: LLP stationery
- LLP Seal: The LLP seal is necessary for opening an account in the bank of a definite company. It is also required for applying for PAN.
- Letterhead- A letterhead is created along with the name and the registered office of the particular LLP.
- Book of accounts- A book of accounts in an essential requirement. It can be maintained both manually and through electronic devices.
- LLP Pan Application- The PAN application to apply for getting the PAN through an online process.
- LLP Bank Account Opening
- There are certain documents which are essential to open an LLP bank account-
- A copy of the agreement of the LLP, the incorporation document, LLP registration certificate, LLP-IN which is issued by the ROC and Pan Allotment letter is required.
Now use CA Rajput’s Expert & Legal Services to register the orgninastion as an LLP.
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