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Limited Liability Partnership (LLP) registration in India involves the process of legally establishing a business structure that combines elements of both a partnership and a corporation. Here are the key steps and requirements for LLP registration in India.
Registering an LLP online in India involves a series of steps, and the process has been streamlined to make it more efficient. Here's a simplified guide on how to register an LLP online in India: Global Jurix is a one stop solution for all your worries.
Create an Account on MCA Portal:- Visit the Ministry of Corporate Affairs (MCA)
- Create an account by providing the necessary details.
- Obtain Digital Signature Certificates (DSC) for all proposed partners.
- Obtain Director Identification Number (DIN) for each partner.
- Check the availability of the desired LLP name using the 'LLP Name Availability' service on the MCA portal.
- Reserve the selected name.
- Draft the LLP agreement outlining the rights and responsibilities of partners.
- Prepare incorporation documents, including Form 2 (Incorporation Document and Subscriber's Statement), Form 3 (Details of LLP Agreement), and Form 4 (Consent of Partners).
- Log in to your MCA account and file the incorporation documents online.
- Pay the prescribed registration fee based on the capital contribution of the LLP.
- The Registrar of Companies (RoC) will review the documents. If everything is in order, they will approve the LLP registration.
- You will receive the Certificate of Incorporation once the registration is approved.
- Apply for and obtain the Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) for the LLP.
Within 30 days of incorporation, file the LLP agreement online using Form 3.
Compliance Requirements:Ensure ongoing compliance by filing annual returns, maintaining books of accounts, and adhering to other regulatory requirements.
It's advisable to seek professional assistance from a chartered accountant or company secretary during the LLP Registration Process to ensure compliance and avoid any potential issues. The online registration process has made it more accessible, but having expert guidance can be valuable.
Features of Limited Liability Partnership (LLP) registration in India comes with several advantages:
Limited Liability: As the name suggests, one of the primary benefits is limited liability. LLP protects the personal assets of the partners from the debts and liabilities of the business. This means that the personal assets of the partners are not at risk in case the business faces financial issues.
Separate Legal Entity: LLP is considered a separate legal entity from its partners. This separation ensures that the LLP can enter into contracts, own assets, and incur debts in its own name.
Easy Formation: LLP registration is relatively easy and involves less compliance compared to other forms of business entities like private limited companies. The process is cost-effective and quicker.
Flexible Management: LLP allows for flexibility in management. Partners have the freedom to manage the business as per their agreement, and there are fewer statutory requirements compared to other business structures.
No Minimum Capital Requirement: Unlike some other forms of business entities , LLPs do not have a mandatory minimum capital requirement. This makes it easier for startups and small businesses to register as an LLP.
Tax Benefits: LLPs enjoy certain tax benefits, including the pass-through taxation system. Profits are taxed in the hands of the partners, reducing the overall tax liability of the LLP.
Audit Exemption: LLPs with a turnover below a certain threshold are exempt from mandatory audit requirements. This helps in reducing compliance costs for smaller businesses.
Perpetual Existence: LLP has perpetual existence, meaning its existence is not affected by changes in partners. The death, insolvency, or withdrawal of a partner does not affect the continuity of the LLP.
Easy Transfer of Ownership: The ownership of an LLP can be easily transferred to another person by inducting them as a designated partner. This process is simpler compared to the transfer of shares in a company.
Global Recognition: LLP is a recognized and accepted business structure internationally. This can be beneficial for businesses looking to expand globally.
It's always advisable to consult with a professional to understand the specific advantages based on the nature and goals of your business.
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