A Summary of Online Limited Liability Partnership Registration in India
A well-known and often used corporate structure is LLP
Registration.
LLP and Private Limited corporations are both registered
with the Central Government's Ministry of Corporate Affairs. Utilize Complynest
to register your LLP and complete the LLP registration procedure.
One of the most popular forms of business for entrepreneurs
is the limited liability partnership or LLP. LLPs are the simplest type of
business organization due to the benefit of restricted liability. Limited
Liability Partnership registration in India allows partners total freedom to
create a partnership company structure in which each member's or partner's
liability is constrained to the amount of capital they contribute to the
enterprise. To be clear, with this corporate form, if the partnership fails,
creditors or investors cannot seize the partner's personal belongings,
property, or income.
What is a Limited
Liability Partnership Firm or LLP registration in India?
Compared to a partnership firm, a limited liability
partnership, or LLP, is a corporate structure with more added benefits. This
form offers partnership company responsibility to its partners at a very low
adherence cost. Additionally, the Partners of the online India LLP
registration can create an internal corporate structure that is comparable to a
partnership company.
In India, LLP registration is also regarded as a different
legal entity from its members since it has the authority to transfer all of its
assets while restricting the liability of its partners.A Limited Liability
Partnership, or LLP, is, therefore, a cross between a corporation and a
partnership firm.
Advantages of Limited Liability Partnership Registration in India
Limited liability:
The liability of the partners in LLP is limited to the point of his/her contribution to the firm. This is the most important feature of LLP as all the personal assets of its partners are safe and there is no need to pay the losses or debt of the LLP firm. Besides, innocent partners of an LLP or Limited Liability Partnership firm do not have to pay for the wrong deeds made by some other partner of the firm.
Separate legal entity:
An LLP is considered as a separate legal entity. This means the firm has assets in its own name and can be sued and can sue. Moreover, not any partner is responsible or liable for another partner’s negligence or misconduct.
Flexible agreement:
The partners of LLP registration firm are free to prepare and draft the agreement as they need, with regard to the rules and regulations or rights and duties.
No manager/owner distinction:
A Limited Liability Partnership firm has partners, who manage and own the business. An llps is different from a private limited company, as its directors may be different from shareholders. Due to this point, VCs do not invest or fund in the Limited Liability Partnership firm.
Less compliance needed:
A Limited Liability Partnership firm is an easier and cheaper business structure to run when compared with a private limited company as it holds only three compliances every year. But in the case of a private limited company, it should hold a lot of compliances to fulfill the provision and have to conduct an audit regularly.
Easy to wind up:
Not only is it easy to start a Limited Liability Partnership firm, but it’s also easier to wind-up when compared to a private limited company. Generally, it takes two to three months to complete the winding-up process, whereas it can take more than a year to close a private limited company.
Features of LLP
registration in India or Limited Liability Partnership
It considered a separate legal entity just like
other companies
The liability of the partnership of the firm is
limited to the contribution of the amount the made by partner
Less compliance
No need for a minimum capital contribution
The cost to startup an LLP is low
A minimum of 2 partners is needed to incorporate
an LLP. There is no limit on admitting the maximum number of partners.
Among the partners, a minimum of two designated
partners shall be individuals, and one of them must be resident in India
The
duties and rights of designated partners are regulated and controlled by the
LLP partnership agreement. They are individuals who are responsible
for compliance with all the provisions of the Limited Liability Partnership
Act 2008 and provisions defined in LLP agreement.
Importantly,
to start your business as a Limited Liability Partnership firm, then you should
get it registered under the LLP Act, 2008
Registration procedure of Limited Liability Partnership Firm in India
Check out the step-wise procedure to register a LLP and partnership firm in India Step 1:
Before starting the process of registration, apply for the DSC or digital signature certificate of the designated partners of the LLP.
Step 2:
Apply for the DIN of Director Identification Number for all the designated partners or those who propose to be designated partner of the LLP.
Step 3:
For the prospective LLP's name reservation, which will be handled by the Central Registration Center under Non-STP, a form known as the LLP-RUN or LL-Reserve Unique Name is filed. However, it is usually a good idea to confirm the name's availability on the MCA portal before presenting it.
Step 4:
Here in this step Incorporation of LLP take place
• The Registrar of the state where the LLP's registered office is situated must receive the form for LLP formation together with any required documentation.
• LLP registration fees payment must be done as per Annexure ‘A’.
• If the individual who will be nominated as a designated partner does not already have a DIN or DPIN, this form also allows for the application for DPIN allocation.
• The application for allotment should be made only by two individuals.
• The application for the reservation may be done through FiLLiP too.
• If the proposed name is authorized, the limited liability partnership firm's proposed name can be filled out using this approved name.
Step 5:
An agreement for a limited liability partnership has been filed. An LLP agreement is a contract that specifies the rights and obligations that apply to both the partners and the LLP. Form name
Form Name
|
Form Purpose
|
RUN – LLP
|
Form for reserving
a name for the Limited Liability Partnership
|
*FiLLiP
|
Form for
incorporation of Limited Liability Partnership
|
Form 5
|
Notice for
change of name
|
Copy of
Passport Form 17
|
Application
to convert a firm into Limited Liability Partnership
|
Form 18
|
Application
to convert a private company or public company into LLP
|
Forms
|
Estimated
Fees structure
|
Digital
Signature Certificate or DSC
|
Rs.1500 to
Rs.2000 as per the agency
|
Director
Identification Number or DIN
|
Rs.1000
|
Name
Reservation
|
Rs.200
|
LLP Incorporation
|
Depending
on the capital contribution: Rs.500 - for the contribution of money up to
Rs 1 lakh Rs. 2000 - for the contribution of money up to Rs 1 Lakh to Rs 5
lakh
|
LLP
Agreement
|
Depending
on the capital contribution and stamp duty charges of the state where you
register LLP.
|
What is DSC?
The DSC is nothing but a Digital Signature Certificate issued by certifying authorities (TCS and n-Code) using that certificate you can sign electronic documents. As all documents are need a DSC to start up a LLP in India.
What is the Director Identification Number or DIN?
Director Identification Number is a unique number issued by the Ministry of Corporate Affairs to applicants on whose name the application is produced, which permits the individual to be a Director in the Company.
What is meant by Contribution in LLP?
The Contribution in LLP means the share of the partners in the form of money, promissory notes, tangible or intangible property, agreements, movable or immovable assets to the Company,
How many days are required to complete the registering process of a limited liability partnership firm in India?
Generally, it takes around 10 working days for the registration process of a limited liability partnership firm in India.
How many partners are required to register LLP?
As per the LLP Act, 2008, a minimum of two partners is needed to register an LLP.
Who can become a partner in a limited liability partnership firm?
Any individual, company or foreign national can become a partner in an LLP
What are the rules to be considered while selecting the name of a Limited liability Company in India?
The name of a Limited Liability Company should be unique and applicable to the service which your LLP is providing. The selected name must not be generic and similar to any other existing name
Note *
* Class 2 digital signature with 2 year validity along with ePass 2003 token.
* Maximum 4 name options can be given in 1 RUN name form and subject to MCA Approval.
* In case of incorporation in Madhya Pradesh, Kerala, Punjab, Karnataka, Andhra Pradesh, Gujarat and UP
* 2 Directors, Additional Directors can be added for an additional price of Rs.1999/- for each director
* Annual package price will be applicable upto Rs.20 lakhs turnover per annum