Starting a Limited Liability Partnership (LLP) in India
requires the submission of several documents to the Ministry of Corporate
Affairs (MCA). These documents are necessary to ensure that the LLP is set up
in compliance with the laws and regulations of the country.
Here is a list of documents that are required for LLP
registration in India:
LLP Agreement: The LLP Agreement is a document that outlines
the terms and conditions under which the LLP will operate. It includes details
such as the duties and responsibilities of the partners, the management and
administration of the LLP, and the profits and losses of the business.
PAN Card: All partners of the LLP are required to provide a
copy of their PAN Card, which is a unique identification number issued by the
Income Tax Department.
Address Proof: Each partner of the LLP must provide proof of
their current address, such as a copy of their passport, driving license, or a
utility bill.
Identity Proof: Each partner of the LLP must provide proof
of their identity, such as a copy of their passport, voter ID card, or aadhaar
card.
Digital Signature Certificate (DSC): One of the partners or
a professional, such as a chartered accountant, is required to have a Digital
Signature Certificate (DSC) to be able to file the LLP registration documents
online.
Form 2: Form 2 is a document that must be filed with the MCA
to register the LLP. It includes details such as the name of the LLP, the names
and addresses of the partners, and the nature of the business.
Form 3: Form 3 is a document that must be filed with the MCA
to appoint the designated partners of the LLP. It includes the names and
addresses of the designated partners and the nature of their duties and
responsibilities.
Form 4: Form 4 is a document that must be filed with the MCA
to register the address of the LLP. It includes the address of the registered
office of the LLP and the name of the state in which it is located.
Incorporation Certificate: After the LLP is registered, the
MCA will issue an Incorporation Certificate, which serves as proof of the LLP's
legal existence.
In addition to these documents, the LLP may also be required
to obtain other licenses and permits, depending on the nature of its business.
It is important to ensure that all the necessary documents are in order before
attempting to register the LLP, as the process can be time-consuming and may
require multiple submissions if any of the documents are incomplete or
incorrect.
Here are some additional points that may be helpful when registering an LLP in India:
Minimum number of partners: An LLP must have a minimum of two partners, but there is no maximum limit.
Appointing a designated partner: An LLP must appoint at least one designated partner who is responsible for the compliance and legal affairs of the LLP. The designated partner must be an individual and must be a resident of India.
Filing the documents: The LLP registration documents must be filed online with the MCA through their portal, the MCA21 portal.
Processing time: The MCA typically takes around 15-20 business days to process the LLP registration documents.
Fees: The fees for LLP registration in India depend on the capital contribution of the partners.
Ongoing compliance: Once the LLP is registered, it must meet certain ongoing compliance requirements, such as filing annual returns, maintaining proper records and accounts, and holding annual meetings.
Seeking professional help: The process of registering an LLP can be complex and may require legal and professional assistance. It is advisable to seek the help of a legal professional to ensure that the process is completed smoothly and correctly.
