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LLP Incorporation

About This Plan

Limited liability partnership (LLP) is a popular, reliable, and well-known business structure in India, as customers, suppliers, and several other commercial institutions, prefer to deal with an LLP instead of a proprietorship or a normal partnership firm due to the structured rules of compliance, laid out by the LLP Act, 2008 and the Ministry of Corporate Affairs that govern an LLP and promote reliability, transparency and safeguards the interest of stakeholders.

LLP structure involves fewer statutory and regulatory compliances when compared to those prescribed for a Private Limited Company; and hence, has become a preferred form of organizational structure amongst entrepreneurs who want to enjoy the benefits of both a partnership firm and a company in an effective and an efficient manner.

 

SSI, suggests an LLP structure for small-scale businesses who aim to save time as well as the costs of regulatory compliances that are much higher for a Private Limited Company in India.
 

Other salient features of an LLP:

  • The liability of each partner is limited to their contribution made 
    In other words, if an LLP is unable to repay its loans & other liabilities then the charge against the partners is limited to their investments & profits made in business; Whereas, their personal assets remain safe from being attached for recovery of debts.
     
  • LLPs' have perpetual succession
    The legal existence of an LLP is not dependent on the existence of its partners. i.e. An LLP is a separate legal entity and its operations can continue even if all its partners cease to exist.
     
  • No requirements for minimum capital contribution
    LLPs can be incorporated without any initial capital contributions or with a sum as low as one thousand Indian rupees; This relaxation helps the entrepreneurs who do not have much capital to start a business by saving the initial cash flows required for setting up a legal entity.

     

Bundled services provided by SSI, in the package for Incorporating an LLP in India are:
 

  1. Application for DIN/ DPIN for Designated Partners via form DIR-3
  2. Acquiring & registering Digital Signature Certificates (DSC) for up to 2 partners
  3. Filing of E-forms with Ministry of Corporate Affairs (MCA) for Incorporation of LLP
  4. Drafting of LLP Deed
  5. Payment of Government fees & duty on initial Capital Contribution of up to one lakh rupees.
  6. Notarization of LLP Deed for filing it before MCA
  7. PAN registration
  8. TAN registration
  9. GST registration
  10. Current account opening assistance with Banks

 

How It's Done

  • Class 2 DSCs' for Partners/ Subscribers are processed and obtained within 2 hours of affirmation of client for the package.

  • Name reservation with MCA via RUN form, Approval of which comes in 3-5 business days

  • Filing of LLP and DPIN application with MCA, which usually takes 3 business days to process

  • Receipt of Registration certificate, which comes within 7 days of the filing of all forms.

  • Preparation of LLP deed and its notarization; Notarized deed has to be filed with MCA within 30 days of receipt of incorporation certificate

  • Application for PAN, TAN & GST

Information Guide

Documents required for LLP Incorporation:

  1. PAN card of all proposed Partners
     
  2. Passport Size photograph of all proposed Partners
     
  3. Identity Proof of all proposed Partners (Aadhar Card, Passport, Voter ID Card, Driving License, etc)
     
  4. Address Proof of all proposed Partners (Recent one-month bills of Electricity or Landline Telephone, or Mobile Phone or Bank Statement)
     
  5. Self Declaration of all Partners about their directorship/ partnership in other companies & LLPs'
     
  6. NOC from the owner of Premise where the LLP has to be registered
     
  7. Rent Agreement between the owner of the property and the proposed LLP, to use the said premise as a registered address of the office
     
  8. Recent 2 months of Utility bills for the registered address verifying the ownership details mentioned in the NOC/ Rent Agreement.

FAQs

What are the Audit requirements for an LLP?
LLP's books of accounts are required to be audited when the turnover is INR 40 lakhs or more or when the total capital contribution is Rs. 25 lakh or more.
Can a partnership firm be converted in to an LLP?
Yes,

Any existing partnership firm that is willing to get converted into an LLP will need to apply through Form 17 (Application and statement for the conversion of a firm into LLP. Form 17 needs to be filed along with Form 2 (Incorporation document and Subscriber’s statement).
What is an immunity that LLP structure offers to the partners?
LLP Structure offers an Immunity against wrong-doings of other partners.

Under the LLP structure, partners are not responsible for negligence or misconduct of other partners whereas, in partnership firms, partners can be held responsible.
Is Income Tax rate on a LLP different from that on a partnership firm?
No,

Both LLP as well as a partnership firm is taxed at a flat rate of 30% plus applicable cess and surcharge as per the Income Tax Act, 1961.
Can a foreign LLP be registered with MCA just like a foreign company?
Yes,

A Foreign LLP can be incorporated in India by filling Form 27 (Registration of particulars by Foreign Limited Liability Partnership (FLLP)).

The eForm has to be digitally signed by an authorized representative of the FLLP. There is no mandatory requirement to apply and obtain DPIN or DIN for Designated Partners of FLLP but the DSC of the authorized representative is mandatory.
Can a private limited company/ unlisted company be converted in to an LLP?
Yes,

Any private company/ unlisted public company that is willing to get converted into an LLP needs to apply via Form 18 (Application and Statement for conversion of a private company/ unlisted public company into limited liability partnership (LLP)).

Form 18 needs to be filed along with Form 2 (Incorporation document and Subscriber’s statement).

Price available on request

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