What is LLP ?
LLP is called Limited Liability Partnership which is introduced in the year of 2008 under the Limited Liability Partnership Act 2008. LLP is similar to the general Partnership Firm Registration but due to its legal structure there is no limited liability in the general partnership so govt of India introduce Limited Liability Partnership on 9th January 2009 and the First LLP Incorporated on 2nd April 2009 as per Wikipedia.
What is LLP Registration
LLP Registration is a standard Process where 2 LLP Partners create a LLP Incorporation Entity with the limited liability and open a current bank account on the LLP Name & Start the business. Here partners have to pay the Government Fee & Professional Fee for the same.
LLP Incorporation Rules
- Minimum required 2 partners to create a LLP Incorporation.
- There is No Authorised share capital concept like private limited company registration. so you can start with any amount of the share capital of the LLP Partners
LLP Registration Fees
We at MyOnlineCA offers awesome package to small startups on LLP Registration. There are 2 Type of Fee in LLP Registration –
Pricing : 8999/- INR (All Inclusive with Govt Charges Except LLP Agreement Stamp Duty)
#1 2 LLP Designation Partner DIN + DSC
#2 Name Approval of LLP Company
#3 Certificate of Incorporation + PAN & TAN of the LLP
Free with the above package :
#1 MSME Registration Certificate to avail govt benefits.
#2 10+ Premium Legal Agreements Template.
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LLP Incorporation Procedure
LLP Incorporation have complex process by the Govt but with the help of myonlineca you can simplified in Only 3 Steps.
Step 1 : Simply Fill-Up LLP Registration Application Form and Fill-Up Basic Details of Business.
Step 2 : Make the Professional Fee 1st Installment 1999/- INR Only via Cards/Netbanking/UPI etc.
Step 3 : Get Instant Confirmation Email & Call with the Assign Dedicated CA which helps you to Start your LLP Registration Process.
Documents Required for LLP Registration
# 1 Pan Card of the All Partners.
#2 Identity Proof of the partner’s like Voter id or Passport or Aadhar Card etc.
#3 Address proof of the partner which include documents like voter ID driver’s license or Aadhar card etc. for proving the address of the partner.
#4 Proof of residence of the partners which include documents like gas bill money bill etc. The bills should not be older than 2 months
#5 Photograph of the partners
#6 Proof of registered office of LLP Registration like any Sale Deed or any rent agreement or any NOC with the electricity bill copy.
#7 Digital signature certificate of a partner (provided by myonlineca)
#8 LLP agreement executed among the parties.
Feature of LLP Registration
There are many features of LLP. An LLP is a body corporate with separate legal entity from its partners which means it can sue or be sued in its own name. An LLP will be governed by LLP agreement so partner’s duties will be decided under Partnership Agreement and mutual rights also governed by the LLP. An LLP cannot be started with sole owner, every LLP should have at least two partners in it. It is also liable to the extent of its assets which means partner’s liability will be limited and a partner will liable extent of agreed contribution in the agreement and a partner is not liable for other partner’s negligence. As per the rules and regulation of MCA only designated partner are responsible for compliance. If you are running a company and want to convert into an LLP then you can do this. So as you can see that LLP has many features and you can finding up an LLP whenever you want or in its time.
Minimum Requirements for LLP registration
LLP requires minimum two partners for incorporation. However unlike companies LLP does not require a minimum capital under the LLP act. Further, you also require LLP agreement as the same has to be submitted with roc upon incorporation of the LLP. Further, your designated partners should obtain designated partners identification number just like director identification number is provided to the directors of the company. Further, they are also required to obtain digital signature certificate. So as you can see that these are minimum requirement for LLP registration so you have to fulfill these requirements if you want to start your own LLP firm.
LLP Registration Process
In October 2018 an amendment came into force in which the process of LLP registration was updated. As per the new rules and regulation you can file your incorporation form through online mode for which you have to follow the following steps.
1) First step of new registration process of LLP is to obtain Digital signature certificate (DSC) for proposed director and without obtaining DSC you cannot proceed further so obtaining a DSC is important. A DSC is a very important document for an LLP because you have to mention DSC when you filecompliances. You cannot file an E form without DSC. So you have to first obtain the DSC.
2) After obtaining a DSC, you have to reserve firm’s name under LLP-Run services. Now amendment has come into force so there is no requirement of form 1, earlier everyone has to file form 1 for reservation of name but now you have to reserve your firm’s name under LLP-Run services.If you want to use services of LLP-RUN then you have to create an account on the website then you have to click on the LLP-RUN web service then you can request for reservation of name. You can request 2 names for your LLP so registration on one name will be done if it is available. During requesting on LLP-RUN service you need to pay required fee for reservation of name.
3) There is another procedure also available for which you can file the FiLLiP form. The new amendment introduced FiLLiP form by filing this form you don’t have to reserve your LLP’s name under LLP run services. There is no requirement of different-different forms. FiLLiP is an incorporation form so you can fill this. After filing this form authority will check your form along with documents and if everything goes rights then you will get your incorporation number. After incorporation of your firm you have to file your LLP agreement within 30 days of its incorporation.
LLP Registration Cost
1) Director Partner Identification Number ( DPIN/DIN)- Costing for DIN 1000 Rupees on 2 Partners. its valid for Lifetime.Its just like UserId for the Partner.
2) Digital Signature (DSC)– Costing vary from 2000 Rupees on 2 Partners. Its made by Sify, Emudra and some other companies and used for signing and filing forms during registration
3) Application for Name Reservation- Costing is 500 Rupees. Its filed for reserve your LLP Name.
4) Government Charges including Stamp Duty Costing around 750 Rupees.
5) Preparing LLP Agreement by professional costing around 250 Rupees.
6) Preparing LLP Partner Consent by Professional costing around 250 Rupees.
Total Government Expenses around 4750 rupees to 5000 Rupees.
Apart from Government Expense there are professional charges which very from 4000 to 6000/- INR professional to professional. MyOnlineCA always provide to you better competitive rates.
Timeline for LLP Incorporation
Timeline of LLP registration is not lengthy as you can file your incorporation form online. Online procedure will save your lot of time and energy. So as you can see above that Procedure is very simple and easy. You have to reserve your LLP’s name first or you can skip this by filing FilliP form. After filing incorporation form authority will check your form. In few days you will get your incorporation number. After getting an Incorporation number you have to file LLP agreement within 30 days of its incorporation. So as you can see that timeline is very short you will get your incorporation certificate as soon as possible and after getting incorporation certificate you need to file LLP agreement to the Ministry of corporate affairs within 30 days.
How to Choose LLP name during registration
As you can see in above article that there are two ways for reserving your LLP name. First is through LLP-Run web services and second one is FilliP form. LLP-Run web service is older method and FilliP form is new method. Through LLP-Run web service you can reserve your LLP name and you can reserve maximum 2 names because in case if you don’t get first name then may be you can get the other one. If you want to reserve your LLP name through LLP-Run web service then you have to visit the official website of Ministry of corporate affairs and then you have to choose LLP registration where you can select the LLP-Run web service.
If you want to reserve your LLP name through Fillip form then you have to fill the form on the website of Ministry of corporate affairs. FiLLiP form is for incorporation of LLP firm, by filing this form you don’t have to file the other forms so it will be easy for you if you file this form. Because After filing of LLP-Run service you have to fill the other forms also but by filing FiLLiP form you are not required to filing the other forms.
How to Check LLP name availability
As you can see in above article that you can reserve your LLP name by filing the Fillip form or by LLP-Run services. You can also check personally on the internet that if you name is available or not. You can reserve 2 names for your LLP so you have choose the name accordingly to conditions of Ministry of Corporate affairs.
What are the Annual Compliance after LLP registration
After incorporation of LLP firm you have to comply with the rules and regulation of Ministry of Corporate affairs and all compliances should be done within time period because in case failure of compliances you may have to pay huge fine for this so be aware. After incorporation of your LLP you have to file your Annual statement to the MCA because it is compulsory and also you have to file your Profit and Loss statement to the MCA.After incorporation of LLP you need to comply with the rules and regulation of Income tax department also because it is compulsory. You have to file Income tax of your LLP and also you have to make a PAN card for your LLP because without PAN you cannot file your income tax return. for the more info visit here on LLP Annual Filing Details.
FAQ on LLP Registration Online
1) Who can Become Partner in LLP REGISTRATION ?
Any person whether be it an individual or a body corporate can become a partner in LLP unless of unsound mind, declared or proceeding for insolvency is pending
2) Can NRI (Non Resident of India) Become Partner in LLP
Yes an NRI can be partner in LLP. Since 2015, LLPs can be formed with 100% foreign investments from NRIs and Foreign entities in areas where 100% FDI is allowed
3) what is LLP Agreement?
LLP agreement is the agreement which is signed and executed among the partners of LLP. The LLP agreement is to be submitted to roc for incorporating the same
4) what is Minimum Number of Partners or Maximum Number of Partners in LLP ?
Min 2 and Max no limit
5) Who is Prefer the LLP Registration by Small Startups
– Compliances are low
– Easy to incorporate
– Fee and expenses are less
– Body corporate
– Limited liability
6) Is it cheaper LLP as compare to Private limited company
Yes incorporating a private limited company involves more cost and compliances to be followed under the companies act, 2013.
7) What is Stamp Duty in LLP AGREEMENT?
The stamp duty depends upon the state in which you are executing the agreement. Like in Rajasthan it is 500
8) Do I need Commercial Office for the LLP Registration Purpose ?
Not required, you can use your residential address as Registered office purpose for the same.
9) Can i do it LLP Formation myself without any help of CA or online portal ?
No, it’s not possible because there is simply reason i.e its required the professional service to fill up the forms and as per the govt MCA Rules Chartered Accountant or CS or Lawyer DSC Authorisation is required on the EForm Filings.
10) What is the Tax Rate for the LLP ?
LLP will be treated as Partnership firm for the purpose of tax and therefore will be taxed on the line of partnership firm. The effective tax rate is 30.90% on Profit. There will be no surcharge applicable on LLP.
11) Can i include my family members in my LLP Formation ?
Yes you can include your any family member in your LLP as a Partner.
12) What is the Minimum Share Capital in the LLP ?
You can start with any amount of the capital. still as a Professional advice we suggest you start atleast with the 10000 INR for the same.
13) GST Registration still required after the LLP Registration ?
if your expected turnover cross 20 lakh rupees in a year then Yes its required but suggest you always go with the GST Registration after the incorporation of LLP. It’s helpful to claim the input tax credit.
14) I Have small startup, did my LLP eligible for the Startup India ?
Yes Startup India Govt Definition clearly mentioned about the LLP Registration legal entity so you are eligible for the same.
15) LLP Companies in india can have multiple business ?
Yes, you can run multiple business under one LLP Name, there is no issue in that.
16) LLP Secure my Company name with the Logo ?
LLP Secures only the company name like XYZ Technologies LLP but its not secure your Brand or Logo. so if you want to launch any brand under your LLP name then you can go with the Trademark Registration for the same.
17) What is criteria to become Partner in an LLP ?
Simply your age is minimum 18 year with the valid documents like pan card etc.
18) LLP Registration Certificate have any Validity or renew process ?
There is no validity for LLP Registration Certificate. its for the lifetime.
19) Working Professional in any company can register an LLP in India ?
Yes if there is no particular terms & condition in your JOB Agreement.
20) Physical presence or meeting with any govt officer required ?
No, it’s a completely online with the MyOnlineCA which take care about all things.
21) VC’s or Angel firms are interested into the LLP Entity ?
Generally VC’s or Angel invest only in the private limited company entity due to no difference between share holder or investors or directors but yes generally they can invest into an LLP.
22) What are the mandatory annual compliance for an LLP ?
LLP Annual Return or Statement of Accounts are mandatory filing with the Income tax. Audit is not required in case of LLP till the 40 lakh rupees turnover.
23) Can i Convert our LLP into the Private limited Company or other entity ?
Conversion from LLP to another entity is not practical or possible till the date. you can read here about CONVERT LLP TO PRIVATE LIMITED COMPANY.
24) Apart from the LLP Registration do i need any other license ?
Yes, its all depend on your nature of business. you need GST Registration mainly, apart from this if you want to secure your brand then you can go with the Logo Registration. if you have food related business then you can go with the FSSAI Registration or if you want to do import export then you can go with the IEC Code Registration.
Advantages of LLP Registration
Easy to Form : It is very easy to form LLP, as the process is very simple as compared to Companies and does not involvesmuch formalities. Moreover, in terms of cost the minimum fees of incorporation is as low as Rs 4000 and maximum is Rs 5000.
Liability: A LLP exists as a separate legal entity from its partners. Both LLP and its partners are separate entities and both functions separately. Liability for repayment of debts and lawsuits incurred by the LLP lies on it and not on the partner. Any business with potential for lawsuits should consider incorporation, it will offer an added layer of protection.
Perpetual Succession: An incorporated LLP has perpetual succession. Notwithstanding any changes in the partners of the LLP, the LLP will be a same entity with the same privileges, immunities, estates and possessions. The LLP shall continue to exist till its wound up in accordance with the provisions of the relevant law.
Flexible to Manage: LLP Act 2008 gives LLP the almost freedom to manage its own affairs. Partner can decide the way they want to run and manage and put the same in form of terms and conditions in the LLP Agreement . The LLP Act also in most cases provides that the said provision will applicable, only in case nothing is provided in the LLP Agreement.
Easy Transferable Ownership: It is easier to become or leave the partnership of the LLP or otherwise it is easier to transfer the ownership in accordance with the terms of the LLP Agreement. Ceasing of old partners and coming of newpartners , will automatically leads to change in ownership of LLP.
Separate Property: A LLP as legal entity is capable of owning its funds and other properties. The LLP is the real person in which all the property is vested and by which it is controlled, managed and disposed off. The property of LLP is not the property of its partners.
Taxation: LLP is not required to pay surcharge on income tax. Moreover , it is also not required to pay tax on profits distributed to partners whereas Company is required to pay tax on dividend distributed to its shareholders.
Raising Money: Financing a small business like sole proprietorship or partnership can be difficult at times. A LLP being a regulated entity like company can attract finance from PE Investors, financial institutions etc.
Capacity to sue: As a juristic legal person, a LLP can sue in its name and be sued by others. The partners are not liable to be sued for dues against the LLP.
No Mandatory Audit Requirement: In LLP, only in case of business, where the annual turnover/contribution exceeds Rs 40 Lacs/Rs 25 Lacs are required to get their account audited annually by a chartered accountant. This provides great relief to small businessmen.
Partners are not agent of other Partners: In LLP, Partners unlike partnership are not agents of the partners and therefore they are not liable for the individual act of other partners.