Limited Liability Partnership (LLP) Incorporations in India
Procedures in Incorporating a Limited Liability Partnership (LLP):
a) Acquiring Digital Signature Certificate (DSC)
- Digital Signature Certificate is acquired by submitting the application form along with prescribed fee to the vendors who issue Digital Signature Certificate.
- On submission of required documents, DSC is allotted in 1-2 days.
- DSC needs to be obtained for all the persons who intend to become Partners in the LLP.
b) Allotment of Designated Partner Identification Number (DPIN)
- Designated Partner Identification Number (DPIN) is a unique 8 digit number that is required for any existing or proposed Partner of a LLP.
- DPIN Application is submitted online using DSC to the Registrar of Companies (ROC)
- DPIN is generally allotted within a day from the date of submission of application.
d) Preparation of Consent Letters and Subscriber Sheet
- Consent letters for every proposed partner needs to be prepared as per the requirements of the Limited Liability Partnership Act, 2008.
- These consent letters are to be signed by the proposed partners.
- Subscriber Sheet also needs to be prepared which should be signed by every proposed partner along with witness.
e) Submission of LLP Incorporation Application Form
- After preparation of Consent Letters and Subscriber Sheet, LLP incorporation form is required to be submitted online.
- DSC of all the proposed partners is required for filing of forms.
- Necessary documents are required to be attached with the form.
- Necessary Fees is required to be paid to ROC at the time of submission of Form.
- On submitting the application, ROC scrutinizes the same and sends the approval in about 10-15 days to the applicant through e-mail.
- In case of any objections raised by ROC, form is to be resubmitted by correcting the errors observed in the original form.
- After successful submission of form, Certificate of Incorporation is issued by the ROC.
f) Filing of LLP Agreement with ROC
- After Certificate of Incorporation is issued by the ROC, LLP Agreement is to be prepared for the LLP.
- Details of every partners, capital contribution, profit sharing ratio, Remuneration sharing ratio, objects of the LLP, etc. are to be mentioned in the LLP Agreement.
- LLP Agreement is to be signed by all the partners along with two witnesses mentioning complete details.
- Franking of LLP agreement is required before filing of LLP agreement with ROC.
- Thereafter, LLP agreement is filed online with ROC using digital signature of any one partner of LLP
- In case of any objections raised by ROC, form is to be resubmitted by correcting the errors observed in the original form.
g) Obtaining PAN,TAN and Rubber Stamp of LLP
- Company Incorporation procedure gives the facility of allotting Permanent Account Number (PAN) and Tax Deduction and Collection Account Number (TAN) of Company along with Certificate of Incorporation, but this facility is not available in case of LLP Incorporation procedure.
- PAN and TAN Application Forms are required to be submitted physically to the prescribed authorities after Certificate of Incorporation is obtained.
- Rubber stamp of LLP is also required to be obtained.
Documents Required for Incorporating LLP in India
1) Passport copy of all the proposed partners
2) Passport size Photographs of all the proposed partners
3) Email ID and Contact Details of all the proposed partners
4) Six Proposed names of LLP
5) Registered Address of LLP
6) Description of the Business Activity
7) Total Capital Contribution and Profit sharing ratio
8) Utility Bill (not older than 2 months) of the premises of the Registered Address of LLP
9) NOC from the owner of the premises of the Registered Address of the LLP
10) Consent Letters and Subscriber Sheet duly signed by the proposed directors.
Time Involved
The time involved in incorporating a Limited Liability Partnership in India shall be 15-20 working days.