What Are the Procedures for Formation of LLP in India

What Are the Procedures for Formation of LLP in India


The process of forming an LLP is much easier than setting up a private limited company. There are fewer regulatory requirements and compliances to adhere to when compared with a private company. However, a few basic guidelines must be followed by the partners to ensure that the process of registering an LLP is smooth and hassle-free.

One of the first steps is to obtain DSC (Digital Signature Certificate) for all the proposed designated partners. This DSC will be used for filing various ROC compliance forms, LLP registration, and tax returns. Once this is done, the name of the proposed LLP must be reserved through LLP RUN service on MCA portal. The application must be filed along with the subscriber sheet including the consent of all the proposed designated partners and proof of registered office address. If the proposed name contains any word(s) or expression(s) that requires approval from the Central Government, a copy of such approval must be attached with the application.

Incorporation of an LLP will be facilitated by the issuance of a Certificate of Incorporation by the Registrar in Form 16. The Registrar will also mention the PAN and TAN issued by the Income Tax Department in the Certificate of Incorporation. After this, an LLP agreement must be made by all the designated partners which will specify the mutual rights and duties of the partners. This must be filed in FORM-3 within 30 days of the date of incorporation of the LLP and shall be stamped with the applicable stamp duty which depends on the State Stamp Act.

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