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A Limited Liability Partnership or LLP is a modern business structure. It provides partnership benefits and limited liability protection. It is the best business structure for doing business together with other business partners. In a Limited Liability Partnership (LLP), Partners have limited liability like company shareholders but enjoy partnership flexibility. LLP registration in India has its own legal identity, separate from partners. In India, LLPs were introduced in 2008 under the Limited Liability Partnership Act. It is the best suitable businesses structure for the entrepreneurs since it requires less paperwork and legal compliance.
Separate Legal Entity: An LLP has an independent legal identity like a private company. You can sign contracts in the name of LLP. This helps build trust with stakeholders.
Limited Liability: LLP provides a protection to the personal assets of the partners by limiting their liability to the shares held by them in the company. Partners are not liable for financial and legal matters in their personal capacity after registering LLP company.
Cost-Efficient and Less Compliance: Creating an LLP costs less than a company. You also need to file very few compliances regarding a LLP.
Tax Benefits: It is treated like a partnership firm when it comes to paying income tax. So, partners are exempted from paying income tax, only registered LLP company is liable for paying tax.
Credibility: LLP registration elevates the credibility of the business and attracts various kinds of investment opportunities along with clients.
No Investment: Like any other business structure, any minimum investment is not required in LLP registration in India. This provision makes it a good choice for beginners in starting their business. It is also exempted from paying stamp duty and audit fees.
Below are the essential documents needed for LLP registration
Digital Signature Certificate (DSC) of partners of LLP is also required.
Here is the complete step-wise process for registration of limited liability partnership
Obtain a Digital Signature Certificate (DSC): All the partners of LLP need to obtain a DSC for limited liability partnership.
Get a Director Identification Number (DIN): It is a unique ID for directors or designated partners in LLP. You need to apply for DIN on the government website.
Choose an LLP Name: Pick a unique name for your LLP registration in India, following government guidelines.
Form for LLP Registration: It will contain all the essential information about the proposed company, like nature of business, partners of LLP, registered office address, and other things. It also need a declaration from partners for their consent to act as designated partners in LLP registration in India.
Prepare LLP Agreement: You will have to make a LLP agreement mentioning all the rights and duties of the partners. It must be notarized and submitted with the Ministry of Corporate Affairs within 30 days of official LLP registration.
Get a Certificate of Incorporation: After submitting all the forms and documents mentioned above for limited liability partnership registration. The Registrar of Companies (RoC) will issue the Certificate of Incorporation to you and thus it will be officially registered as LLP.
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What is a Digital Signature Certificate (DSC)?
A DSC helps identify the sender or signee electronically. The Ministry of Corporate Affairs (MCA) makes it necessary for designated partners to use digital signatures.
Is GST mandatory for LLPs?
Yes, GST is required for all LLPs based on the services or goods they provide. LLPs must get a GST registration and regularly file GST returns.
What is DPIN?
DPIN stands for Designated Partner Identification Number, a unique ID given to both current and future Designated Partners of an LLP. Every existing or potential Director in an LLP must possess a DPIN.
Can a Partnership Firm become an LLP?
Yes, an existing partnership firm or an unlisted company can be converted into an LLP, offering several advantages.
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