Formation of an llp

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- You got an LLP (Limited Liability Partnership), We’ve got a solution to

get it Registered with the ROC...

Incorporating a new Limited

Liability Partnership

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The contributor is a CA Final Student, Presently in the Second Year of Articleship in KGRS & CO in the taxation and RoC Compliance Department, Kolkata. She is the contributor to Facebook pages like “Studycafe” and “Chartered Accountant students”. A commerce Graduate from Goenka College of Commerce & BA (2013) who is an amateur blogger and a CS executive student.

ABOUT THE CONTRIBUTOR

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To file an eForm or to avail any paid service on LLP portal; you are first required to register yourself as a user in the relevant user category, such as registered and business user.

New User Registration


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To register a Indian LLP, you need to first apply for a Designated Partner Identification Number (DPIN), which can be done by filing eForm for acquiring the DIN or DPIN. You would then need to acquire your Digital Signature Certificate and register the same on the portal. Thereafter, you need to get the LLP name approved by the Ministry. Once the LLP name is approved, you can register the LLP by filing the incorporation form.


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All designated partners of the

proposed LLP shall obtain “Designated Partner Identification Number (DPIN)”. You need to file eForm DIR-3 in order to obtain DIN or DPIN. In case you already have a DIN (Director Identification Number), the same can be used as a DPIN.

Step 1: Application for DIN or DPIN


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The Information Technology Act, 2000 provides for use of Digital Signatures on the documents submitted in electronic form in order to ensure the security and authenticity of the documents filed electronically. This is the only secure and authentic way that a document can be submitted electronically. As such, all filings done by the LLP(s) are required to be filed with the use of Digital Signatures by the person authorized to sign the documents.

Acquire DSC - A licensed Certifying Authority (CA) issues the digital signature. Certifying Authority (CA) means a person who has been granted a license to issue a digital signature certificate under Section 24 of the Indian IT-Act 2000.

Register DSC - Role check can be performed only after the signatories have registered their Digital signature certificates (DSC) with LLP application. .

Acquire/ Register DSC


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DIR-3 should be filed with the ROC to avail a DIN/DPIN with the following:

DSC PAN card copy attested Address Proof copy attested Attested copy of Passport / Driver’s License /

Aadhar / Election ID / Electricity / Telephone not older than 1 month

Scanned photograph of the applicant DIR-4 application filed by the applicant as a affidavit Signature verified in INC-10 by the notary or bank

Requirements for availing a DIN or DPIN


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- Next we move towards filing of eforms to float it...

Step 2: Incorporate a LLP


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Name reservation: The first step to

incorporate Limited liability

partnership (LLP) is reservation of

name of LLP

Form 1- LLP Name Approval


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CONTENTS OF THE FORM

1. Application filed for: Incorporating a new Limited Liability Partnership (LLP) or, Changing

the name of an existing Limited Liability Partnership (LLP)

2. Whether applicant is an: Individual as a partner or, nominee of a Body Corporate

3. Name of the state in which the registered office of the proposed

Name of office of the Registrar in which the proposed LLP is to be registered

4. Description of proposed business activity.

5. Proposed monetary value of partner's contribution (in `) in figure

6. SIX proposed names in order of choice

7. Whether the proposed name(s) is/ are based on a registered trade mark or is the subject

matter of an application pending for registration under the trademarks Act

8.Copy of Trade Mark Registration/ acknowledgement of application for Trade Mark

Registration/ authorization to use Trade Mark


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After reserving a name, user has to file eForm 2 for incorporating a new

Limited Liability Partnership (LLP),

eForm 2 contains the details of LLP proposed

to be incorporated, partners’/ designated partners’ details and

consent of the partners/ designated partners to

act as partners/ designated partners.

Applicant has to file e Form 1, for ascertaining

availability and reservation of the name

of a LLP business

Form-2:Incorporation Document and Subscriber statement


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CONTENTS OF THE FORM

1. Registrar's reference number for name approval (Service Request Number (SRN) of Form 12.Address of registered office of the LLP3.Total number of designated partners and Total number of partners4. Details in respect of designated partners- DPIN, Occupation, Form of contribution, Monetary5. Value of Contribution, Number of LLP(s) in which he/ she is a partner, Number of company(s) in which he/ she is a director6.Attachments: Proof of address of registered office of LLP, Subscribers' sheet including consent


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The consent of the partner to act as partner

of LLP must be filed in along with the

following attachments :1. Address proof.2. Identity proof.

This form must be filed within 30 days of

incorporation

Form 4 - Consent of Partners


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The LLP Agreement must be stamped in accordance with the stamp Act applicable in the relevant state where LLP is being incorporated.After Incorporation of LLP, an Initial Agreement to be filed within 30days, from Incorporation.

Form 3- Information with regard to Limited Liability Partnership Agreement and changes


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Contents of the Form:

1. Date of Agreement 2.Mutual Rights and Duties of Partners3. Management and Administration of LLP4. Details of indemnity clause,5. Details of agreement relating to- admission, retirement, cessation, expulsion, resignation of a partner6. Clause relating to resolution of disputes7. Information relating to voluntary winding up8. Attachments: Initial LLP Agreement


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NOW WE ARE READY WITH YOUR limited LIABILITY PARTNERSHIP (LLP) ...


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For Forms Download:

http://www.mca.gov.in/MCA21/dca_html/downloadeforms/Download_eForm_choose_llp.html


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THANK YOU

- Soma Ghosh


Formation of an llp

Education

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