Step by Step Process for Limited Liability Partnerships (LLP) in India | Jordensky

Step by Step Process for Limited Liability Partnerships (LLP) in India along with list of documents and benefits of registering LLP

Step by Step Process for Limited Liability Partnerships (LLP) in India | Jordensky

Registration Procedure for Incorporating Limited Liability Partnerships (LLP) in India

Limited Liability Partnership is also referred to as LLP. It is a hybrid corporate organization that enables its members to benefit from both company and partnership firm advantages. It offers the benefit of restricted liability, much like a business, and the freedom to choose how the company is internally managed based on mutual consent, much like a partnership firm. Because of the division of labor and sharing of the risk, the members of the company can maximize their abilities.

The Limited Liability Partnership Act 2008, which was introduced on December 12 and came into effect on March 31, governs Limited Liability Partnerships (LLPs). The act controls how Limited Liability Partnerships are created and are subject to regulation.

In the year 2021, the Act underwent amendment. Significant modifications were made by the amendment for better LLP regulation in India.

Benefits of Registering a Limited Liability Partnership

The following is a list of the main advantages of LLP Registration:

Separate Legal Entity

Like corporations, an LLP has its own legal position. The LLP is not treated the same as its partners. In the event of a legal disagreement, such entities have the power to sue the third party and vice versa. Because the contracts are executed in the LLP's name, numerous stakeholders and end users feel more secure.

Limited Liability of The Partners

An LLP's partners are only partially liable. Thus, each partner's liability is constrained to the agreed-upon contribution to the business. This means that individuals are simply accountable for the amount of donations they made, and they are not personally responsible for covering any corporate losses. Only the LLP assets are responsible for paying off its debts if an LLP experiences insolvency during winding up. The partners have no personal debts, so they may conduct themselves as respectable business people.

Better Flexibility

The LLP agreement, which is based on a consensus decision among the company's members, governs how an LLP operates. In contrast to other business structures, this gives the organization a lot of flexibility in how it operates.

Low Incorporation Cost and Minimal Compliance

Comparatively speaking, the cost of forming an LLP is less than that of forming a private or public limited company. Additionally, these entities' compliance rate is relatively poor. Only two statements, a Statement of Accounts and Solvency and an Account Return, must be submitted by the LLP each year.

No Need For Minimum Capital Contribution

Without any minimum capital, the LLP may be incorporated. Furthermore, the concerned partners are not required to provide any capital at all.

Perpetual Existence

This type of corporation has an indefinite Existence that is unaffected by the passing of any of its partners.

Checklist for LLP Registration

  • Minimum of 2 designated partners and DSC of all the partners
  • DPIN of all the serving partners
  • Unique Name of the entity, which is not identical to any prevailing company or trademark
  • The capital contribution made by the serving partners of the LLP
  • LLP Agreement
  • Proof of registered office of the LLP

List of Essential Documents for the Formation of LLP

The following list contains the paperwork needed to register an LLP:

  • Photos of the Partners
  • Passport (in case the applicant is NRI)
  • PAN Card of Partners as an Identity Proof
  • Address Proof of Partners
  • Utility Bill for Proof of Registered office
  • NOC from Landlord
  • Copy of Rent Agreement

Procedure for Registering LLP in India

1. Obtain DSC, DIN & Name Approval

The first stage is to submit applications for each director's Digital Signature Certificate (DSC), Digital Identification Number(DIN), and Name Approval. With copies of their identity verification that have been self-attested, DSC can be easily obtained from the closest Certifying Authorities or CAs. Along with the Director's information, the DIN is applied in the SPICe Form. The DIN can also be used as a DPIN, and the RUN LLP Form can be used to request Name Approval.

2. File the FiLLiP Form for the incorporation of LLP.

The FiLLiP form and the required documentation must then be filed with MCA as the following step.

3. Obtain the Incorporation Certificate

The Registrar of Companies (ROC) will examine and validate the application after it has been filed with the required documentation, and will then issue the Certificate of Incorporation.

4. Draft LLP Agreement

An initial LLP agreement must be submitted within 30 days of the incorporation date following the completion of the process. The user is required to submit the information in Form 3 (details on the LLP agreement and changes made therein, if any).

LLP Amendment Act, 2021

LLP Amendment Act notification date is February 11, 2022.After the Act went into effect in 2009, this is the first Amendment to have ever been made.

The important changes made by this Act are noted below.

Decriminalization Of Monetary Offenses

The In-House Adjudication Mechanism framework, together with amended punitive legislation, is used to adjudicate technical, minor, and compliance-related violations. The financial penalty for several offences has also been decreased by this new amendment Act.

Power To Regional Officers To Compound Offense

Under the new legislation, any offence may be compounded by the regional officer that the Central Government appoints. The offence carries a fine as a penalty. However, the new act also specifies how such offences are to be compounded. The Act's maximum fine will be applied, but if the offender commits the same crime again within three years of committing the first offence, the maximum fine will not be applied.

Fees and Penalties For Start-Up And Small LLP

According to the new amendment, the fine for breaking the LLP Act's rules would be half what it is worth, or a maximum of Rs.1 Lac for the LLP and Rs.50,000 for each authorized partner or other individual, depending on the circumstances. This is accomplished by adding a new section, Section 76 A.

Establishment Of Special Courts

This amendment mandates the establishment of special courts with the exclusive purpose of hearing cases involving offences committed in violation of the Principal Act. This would facilitate the resolution of cases more quickly and lighten the workload of traditional courts.

Other Key Amendments

  • The revised Act now has a second part, Section 68, which allows the Central Government the authority to set up registration offices wherever it sees fit.
  • Section 7 of the apex act decreased the residence requirement from 180 days to 120 days within a fiscal year. Additionally, it stipulates that the LLP must have at least one designated partner who is an Indian citizen.
  • The modified statute also recognized the idea of Start-up LLP and gave the Central government the authority to designate specific LLP as Start-up LLP by periodically releasing notification.
  • The National Financial Reporting Authority and the Institute of Chartered Accountants of India have been consulted, and Section 34 A of the Principal Act now gives the central government the authority to impose auditing and accounting standards for certain categories of LLP.

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