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Article >> Corporate Law

How to Register a LLP

How to Register a LLP
How to Register a LLP Registration of LLP has commenced from 1-4-2009 and some LLPs have already been registered. Ministry of Corporate Affairs, Government of India is the administrating ministry for LLPs. Registrar of Companies (ROC) of respective State is the administrative authority where all documents are to be filed. All thinking and concepts of company law have come in LLP since administrative ministry is same. Procedures regarding incorporation of LLP, efiling of returns, inspection and investigation, reconstruction and amalgamation, compromise, winding up etc. are identical or similar to A Limited Liability Partnership may be incorporated as per the procedure explained below: Step-1 Registration of User an obtaining DPIN

Ø First of all a user has to register itself on the website of Ministry of Corporate Affairs, developed for LLP services, e.g. www.llp.gov.in, www.mca.gov.in. Ø Ø Ø Fill in the registration form and select user name and password. Upload digital signature certificate Obtain Designated Partners Identification Number (DPIN).

Ø All designated partners of the proposed LLP shall obtain “Designated Partner Identification Number (DPIN)” by filing an application individually online in Form -7. Ø Ø For obtaining DPIN fill E-forms 7 Pay filing fee of Rs.100 online through credit card (master/visa)

Ø Submit the application form online. The system will generate a provisional DPIN. Kindly note it carefully Take the print out of the application form, affix a latest passport size photograph and get it attested/certified for submission physically along with documentary evidences for proof of identify and proof of residence with the Registrar LLP. Ø Deliver the printed and signed application form, along with the prescribed documents by hand/courier/registered post to the Office of Registrar, Ministry of Corporate Affairs, 3rd Floor, “Paryavaran Bhawan”, CGO Complex, Lodhi Road, New Delhi-110003. Step – II Obtain Digital Signature Certificate Ø Partner/Designated partner of LLP/proposed LLP, whose signatures are to be affixed on the eforms has to obtain class 2 or class 3 Digital Signature Certificate (DSC) from any authorized certifying agency, details of which are available on the home page of the llp portal under the tab “Certifying Authorities”. Step – III Reservation of name Ø Log on to the LLP portal Ø Fill Form-1 for reservation of name and. Select name of the proposed LLP (up to 6 choices can be indicated). Ø Ø Ø Any partner or designated partner in the proposed LLP may submit Form-1. Append digital signatures and submit the e-form Pay the necessary fee by credit card (master/visa).

Ø Free name search facility (of existing companies / LLPs) is available on MCA portal (hyper link available on LLP portal).The system will provide the list of similar/closely resembling names of existing companies/LLPs based on the search criteria filled up. Ø Only individuals or nominees on behalf of the bodies corporate as partners can act as designated partners. Ø Check status of your application by logging on the portal. Step- IV Incorporation of LLP Ø Once the name is reserved by the Registrar, fill up Form-2 “Incorporation Document and Statement” and Pay the prescribed registration fee as per the slab given in Annexure A of the LLP Rules, 2009, based on the total monetary value of contribution of partners in the proposed LLP. Ø Statement in the e-form is to be digitally signed by a person named in the incorporation document as a designated partner having permanent DPIN and also to be digitally signed by an advocate/company secretary/chartered accountant/cost accountant in practice and engaged in the formation of LLP. Ø On submission of complete documents the Registrar after satisfying himself about compliance with relevant provisions of the LLP Act will register the LLP, maximum within 14 days of filing of Form-2 and will issue a certificate of incorporation in Form-16.

Ø

You can check status of your application by logging on to the portal

Step –V Filing of LLP agreement (Form-3) and Partners’ details (Form-4) Ø Form 3 (Information with regard to LLP agreement and changes, if any made therein) and Form-4 (Notice of Appointment of Partner/Designate Partner, his consent etc.) may be filed with the prescribed fee simultaneously at the time of filing Form-2 or within 30 days of the date of incorporation or within 30 days of such subsequent changes. Returns and Records required by LLP The following returns and register required to be kept by LLP. Ø Ø A LLP is required to maintain the proper books of accounts. Minutes of meetings of the partners and committees of the partners is required to be kept.

Ø Form-4 is required to be filed within 30 days of any change in the status of partner or designated partners electronically along with fee. Ø In case of admission or retirement of the partners a supplementary LLP agreement is required to be filed in E-form 3 within 30 days of such happening. Ø Statement of Account and Solvency (SAS) is to be filed annually in e-form 8 Ø Annual Return should be filed with ROC in e-form 11 with filing fees, within 60 days from close of financial year i.e. by 30th May Post Comment Comments No Comments Leave a Comments
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