New LLP registration in India

How Can You Incorporate a New LLP registration in India?

Online Legal India LogoBy Online Legal India Published On 26 Sep 2022 Category LLP Registration

Most people desire to have their own business and be their own boss since these are liberating experiences. But a lot of work must also be put into it. One of the most crucial abilities you may have as an investor is knowledge of all your options and the ability to select the best one. This is why it's crucial to understand the many kinds of businesses and partnerships. Making informed decisions is also essential to the smooth operation of any organisation. In India, limited liability partnerships, or LLPs, are still a relatively new idea. However, because of the advantages they offer, they are gaining popularity in the Indian market. Here is a list of all the information you require for new LLP registration.
 

Why choose a Limited Liability Partnership in India (LLP)?
 

  • Simple succession and transfer legislation.
     
  • Simple to form and run.
     
  • Investors' risks are lower.
     
  • Partners are not responsible for one another's choices.
     
  • Advantages from taxes on the Government's end.
     

Features and advantages of online new LLP registration
 

  • The LLP partnership's obligations are strictly governed by the terms and conditions of the LLP agreement.
     
  • Obtaining a new LLP registration has very little financial outlay. The standards for regulation and compliance are likewise relatively flexible.
     
  • When forming partnerships, there are no minimum requirements for capital contributions.
     
  • Unlike private limited businesses, which can only have a maximum of 200 partners, there are no restrictions on the number of business owners.
     
  • The fact that mandatory audits are not required for account maintenance is a key benefit. Only LLP donations exceeding Rs. 25 lacs or a business's maximum annual revenue exceeding Rs. 40 lacs will be an exception to this criterion.
     
  • Income tax is due by LLP partnership firms, but the partners' shares are not subject to taxation. According to Section 40(b), the "Deemed Dividend" rule does not apply to LLP partners, and any interest, bonuses, salaries, or remunerations paid to partners are permitted as deductions.
     
  • Legal entities exist for new LLP registration. Gaining the trust of stakeholders is achievable since contracts are in their names, separate from those of their partners. Only the annual return and the statement of accounts and solvency need to be manually filed for financial statements.
     

How can you obtain new LLP company registration?
 

A relatively new idea in India, LLP Formation Partnership primarily targets small and medium-sized businesses. Because there are fewer regulatory obligations, new LLP registration is simpler to operate and offers firms a number of advantages. The top two factors that influence whether organisations choose this are low registration costs and an easy application. To obtain FDI approval for a new LLP registration, the Reserve Bank of India (RBI) must first provide its consent. It is vital to note that NRIs and Foreign National Promoters opt to set up a Private Limited Company rather than an LLP because the process for FDI under LLP is completely automated.
 

A step-by-step breakdown of the new LLP registration procedure and how to get started may be found below.
 

DSC (Digital Signature Certificate) Certification

  • If you don't already have one, your first task is to apply for a digital signature certificate.
     
  • Several registration process steps involve the use of this DSC. As a result, you ought to prepare it before completing the application.
     
  • Additionally, practically every document needed to register an LLP is available online, so you won't need to submit your DSC for everyone.
     
  • Any of the authorised organisations with the authority to issue DSCs may be used to obtain one. Make certain to obtain a Class 2 or 3 DSC.
     

User Registration

  • You must first register as a user of their database in order to submit a form or make a payment using the LLP portal.
     
  • To achieve this, sign up for their platform first.
     
  • For new user registration, select "New User Registration."
     
  • If you already got an account, sign in before filling out DIR 3.
     
  • By selecting the Register tab in the top-right corner of the MCA website, users can register for an account.
     
  • A form asking for basic information will appear once you select this tab.
     
  • After completing this form and submitting it, pick a strong username and password for yourself.
     
  • Please upload your digital signature certificate to confirm the information.
     
  • The registration will be complete and a notice confirming that will be shown on the screen once you have successfully finished these procedures.

DPIN Registration

  • Once your DSC has been registered, you can then proceed to get a DPIN or Designated Partner Identity Number.
     
  • This necessitates the submission of an eForm found on the MCA website.
     
  • After giving the required information, you must add your DSC to the application to verify your identity.
     
  • To finish this process, utilise the eForm DIR-3.

Approving names

The next step is to issue or reserve a name for your Limited Liability Partnership after you have completed and filed the paperwork. Once you've decided on a name after talking it over with the other partners, submit Form 1 to do the same.
 

  • After successfully registering on the MCA website, access your account by clicking the Login option in the top-right corner of the screen. Include your registered login and password as well.
     
  • Once within the system, select E-Forms.
     
  • Complete the Form-1's required fields.
     
  • Enter the names you want your LLP to have in this form. There can be up to 6 options entered.
     
  • Form-1 can be submitted by any LLP partner as well as the designated partner.
     
  • Attach the DSC to finish the form before submitting it.
     
  • After finishing, pay the necessary payments.
     
  • Before registering a name for yourself, find out if there are any other LLPs with that name, and utilise the name search function on the MCA website.
     
  • Information of at least two designated partners must be submitted in order to reserve a name.
     
  • One of these must have an Indian residency.

Incorporation

After you have finished reserving a name for the LLP, submit Form 2 to the LLP Act of 2008 to formally incorporate your Limited Liability Partnership. Additionally, the Registrar will review this form, and if appropriate, you will receive an email from the relevant officers discussing it. Then your application status will then change to "Approved" after this is finished.

 

  • Log onto the MCA portal after registering the name of your LLP, then fill out Form 2.
     
  • Fill out the form completely, attach your DSC, and pay the needed registration charge, which is based on the LLP's partners' contributions.
     
  • Form-2 can only be filed by designated partners who have current DPINs.
     
  • The firm's lawyer, accountant, chartered accountant, or company secretary must additionally sign the form via DSC.
     
  • The registrar will review the documents after they are submitted, and if they are satisfactory, they will register the LLP under the LLP Act, 2008, within 14 days.
     
  • To check your application status, log into the MCA portal.
     

New LLP registration agreement
 

An LLP agreement must be created and submitted within 30 days of incorporation. Form 3 can be used for this. The Government can learn about the obligations and privileges that each LLP partner has thanks to this agreement. This contract must be printed on a stamped piece of paper with a value determined by the state in which it is filed.

 

  • Existing partnerships that seek to transform into LLPs must file Form 17 and Form 2.
     
  • A Private Limited Company (PLC) or an unlisted public company that wishes to become an LLP must submit Form 18 along with Form 2.
     
  • By submitting Form 27 via an authorised representative, foreign LLPs can establish a branch in India or broaden their reach.
     
  • While Form 4 contains information about partners and their changes, Form 3 contains information about the LLP agreement and any modifications that have been made. Within 30 days after incorporation, Form-2 and both of these documents must be filed together. Additionally, the right Form needs to be updated within 30 days of any changes made to the LLP Agreement, any Designated Partners, or Partners of the LLP.

 

Forms required for new LLP registration
 

  • LLP RUN (reserve unique name-limited liability partnership) This can be used in place of Form 1 to establish a name for the LLP.
     
  • FiLLiP This will serve as the LLP's incorporation form in place of Form 3.
     
  • Form 5 is used to change an LLP's name.
     
  • DIR 3 To sign up for a new user account on the MCA portal.
     
  • Form 17 is used to change a current partnership into an LLP.
     
  • For converting a private corporation into an LLP, use Form 18.

 

Required documents for new LLP registration
 

Documents required of partners:
 

  • PAN card 
     
  • Proof of address
     
  • Proof of residence
     
  • Passport photograph
     
  • In the case of foreign partners – passports.
     

Documents required of LLP:
 

  • Proof of address of the office 
     
  • DSC or Digital Signature Certificate.

 

Conclusion

Now that you know the processes needed to execute a new LLP registration, you can proceed with the registration and application process. For entrepreneurs, small business owners, and organisations engaged in offering any type of services and economically successful products, an LLP partnership may prove advantageous.

For the most recent information on micro, small, and medium-sized enterprises (MSMEs), business advice, income tax, GST, salaries, and accounting, check out Online Legal India.

 


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