munotes®

The LLP Procedure, Step by Step

Get access to whole semester resourcesSemester Pass

Chapter Fifteen

Syllabus topic 1, "Registration procedure of Limited Liability Partnership under The Limited Liability Partnership Act, 2008."

Pages 36 to 37 of 62

Where it is done

On the MCA portal, mca.gov.in, which MU names in her weblinks. The whole process is electronic and the Registrar of Companies of the State is the authority.

The steps

Step 1. Digital signature for the designated partners. Every form is signed digitally, so a Class 3 Digital Signature Certificate is obtained first for at least the two designated partners. Nothing can be filed without it.

Step 2. Designated Partner Identification Number. Each designated partner needs a DPIN, or a DIN if he already has one from a company. It is now applied for inside the incorporation form itself, for up to two designated partners who have neither; a person who needs one outside an incorporation applies separately.

Step 3. Reserve the name. In RUN-LLP, Reserve Unique Name, on the MCA portal. Two names may be proposed in one application, and the name must not be identical or too nearly resembling an existing LLP, company or registered trade mark, and must end with "Limited Liability Partnership" or "LLP".

The reservation is valid for a limited period, and the incorporation form must be filed within it or the name lapses.

Step 4. File FiLLiP. Form for incorporation of Limited Liability Partnership, which is the incorporation document section 11 requires, with:

  • the name reserved, or a fresh name proposed inside the form;
  • the proposed business and its industrial classification;
  • the address of the registered office;
  • the partners, with their addresses;
  • the designated partners, separately, with their consent;
  • the contribution of each partner;
  • and the statement of compliance under section 11(1)(c), by an advocate, company secretary, chartered accountant or cost accountant engaged in the formation, and by a subscriber.

Step 5. Attach the documents.

AttachmentWhy
Proof of the registered office: ownership document, or a rent or lease agreementSection 11(2)(d)
No-objection certificate from the owner of the premisesWhere the premises are not the LLP's own
Utility bill for the premises, not older than two monthsAddress
Consent of each designated partnerSection 7
Identity and address proof of every partner: PAN, and Aadhaar, passport, driving licence or voter cardIdentity
Subscribers' sheet, signed and witnessed by a professionalSection 11(1)(a)
Approval of the sectoral regulator, where the business needs oneLawful business

Step 6. Pay the fee, which depends on the total contribution of the partners, and the stamp duty, which is set by the State.

Step 7. The Registrar examines and registers. Section 12(1) requires him, within fourteen days, to register the incorporation document and give a certificate that the LLP is incorporated by the name specified.

Step 8. The certificate of incorporation, carrying the LLP Identification Number, the LLPIN. PAN and TAN are allotted along with it, on the same application.

munotes.in36

The rest of this chapter

Module one is free. The rest of this chapter comes with the B.Com. (Accountancy) Semester 1 notes.

You are reading a chapter from a later module. Everything in module one of every subject stays free, and so does the syllabus.

Notes: ₹499 Already bought it? Sign in

Free either way: the syllabus, and module one of every subject.

The rest of this subject

These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.

Report or request
Done!