Government has suspended the new LLP registration till March 2018 and then they have continued the suspension for an extended period to come up with the new registration forms which are accommodating the changes made under  LLP Amendments Rules 2018.

MCA has issued new forms on October 2, 2018 and with that they have tried to simplify the process of new LLP registration.

W.E.F October 2, 2018 there will not be need to get the DPIN in advance before making the application for LLP incorporation as they have introduced the new Form FiLLiP which is going to be used for the application for DPIN along with application for incorporation.

Also MCA has issued RUN-LLP utility which has replaced the filing of Form LLP-1 for the reservation of Name of the new LLP with the payment of fees. We can also skip going for RUN-LLP and make application for name along with Form FiLLiP where in if form gets rejected due to availability of name then fresh application will required to be made. Resubmission will be allowed for 2 time for clarification on Form FiLLiP. In order to avoid chances of rejection while filing Form FiLLiP with respect to name availability it is advisable to go for RUN-LLP.

 

Another benefit for RUN-LLP over older LLP Form-1 is that it can be filed without Digital Signature and DPIN so any one planning to incorporate LLP can get assurance for Name and start working on other process like Domain purchase for website etc.

===è 3 Stages are involved in the incorporation of LLP as under:

 
# 1 Pre-requisites
 
# 2 Documentaion
 
# 3 MCA Filings 
 

Stage # 1 Pre requisites

Following are the pre requisites to form LLP

1.       Minimum 2 Partners

2.       Digital Signature

3.       LLP Name

4.       Registered Office Address

5.       Partner Capital

 

 Stage # 2 Documentations

 

Following documentations should be ready while making application for incorporation of LLP

 

A)    Documents require list - Partners

Identity Proof

- PAN

- Passport size Photograph

Additional ID Proof (Any one)

-Passport

-Driving License

-Voter ID Card

Residential Address Proof (Any one)

-Telephone Bill

-Electricity Bill

-Bank Statements

-Passbook

- Mobile Bill

              B) Documents required list - LLP

Address Proof in the name of the owner of the premises (a+b+c)

a) Any of the below

- Electricity Bill

- Telephone Bill (Fixed Line)

- Gas Bill

b) Any of the below

- Municipal Tax Bill

- Registered Sale Deed

c) NOC from owner of premises to use the address as registered address for LLP

 

Important Notes:

  1. Identity and Address proof must be self attested by the owner

2. Address proof should not be more than 2 month old

 

3. In case the documents are not in English then it should be translated by the professional translator, carrying his details i.e. Name, Signature, Address and Seal

 

 Stage # 3 Incorporation Process 

 

Steps for new LLP registration are as follow W.E.F. October 2, 2018 

# 1 Reservation of Name via RUN-LLP

First create the login account with MCA. Login to MCA website and select RUN-LLP under MCA Services>LLP Services>RUN-LLP. No digital signature or DPIN is required to make application for reservation of Name. you can provide two proposed name. 

You can provide two proposed name as shown in the screen shot. Fees payable for the form is INR 200

# 2 Incorporation of LLP via Form FiLLiP 

Download e-Form with instruction kit from below location

MCA Website>Forms & Downloads>LLP Forms Download>Form FiLLiP

Following details are required to be provided in the incorporation form

1. SRN of RUN-LLP - you will get SRN upon payment of fees and submission of RUN-LLP

2. Address of registered office of LLP

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

4. Business Activities to be carried out by the LLP on incorporation. Few example of business activities are as under:

IT Industry: Software development, IT enabled services, Computer  sales,  BPO, digital marketing, e-commerce, web designing, IT consulting etc.

Textile Industry: Manufacturing and trading of cloth, fashion designing, tailoring, apparels, leather products, dyeing

5. Main division of Industrial activity of the LLP as per NIC-2004

6. Details of designated partner and partner having DIN/DPIN and not having DIN/DPIN

7. Application for DPIN for designated partner and partner not having DIN/DPIN

8. Particulars of the proposed or approved name. Provide significance of abbreviated or coined word.

9. Total monetary value of contribution by partners

10. Mandatory Attachment

                a) Proof of address of registered office of LLP

                b) Subscribers' sheet including consent

                c) Proof of identity and address of Applicant I

                d) Proof of identity and address of Applicant II

11. Attachment if applicable

                a) Where the appointed partner is a body corporate, copy of resolution on the letterhead of such body corporate to become a partner in the proposed LLP and a copy of resolution/ authorization of such body corporate also on a letterhead mentioning the name and address of an individual nominated to act as nominee/designated partner

                b) In principle approval of regulatory authority, if required

                c) Detail of LLP(s) and/ or company(s) in which partner/ designated partner is a director/ partner

                d) Approval of the owner of the trademark or the applicant of such application for registration of Trademark;

                e) Copy of approval in case the proposed name contains any word(s) or expression(s) which requires approval from central government

                f) Copy of approval from the competent authority in case of collaboration and connection with the foreign country or place

                g) Copy of Board resolution of the existing company or consent of existing LLP as a proof of no objection

                i) Optional attachment(s) - if any

 Form needs to be digitally signed by any one of the designated partner and CA/CS/CWA/Advocate in whole time practice

# 3 Submission of LLP Agreement via Form 3

LLP agreement is required to be prepared on the stamp paper with the stamp value applicable in the respective state of incorporation on the amount of capital contribution and get it notarized.

Almost care must be taken while drafting the LLP Agreement because activities of the business of the LLP will be governed by the provision drafted in the LLP Agreement.

In order to get the maximum benefit for the income tax, clauses for remuneration to partner, interest on capital and loan from partner should be drafted carefully.

 

Form 3 is required to be digitally signed by Designated partner and certified by the CA/CS/CWA in whole time practice and filed within 30 days from the date of incorporation.