A Limited Liability Partnership (LLP) is a popular business structure in India, governed by the Limited Liability Partnership Act, 2008. In recent years, LLP registration has outpaced traditional company registrations, making it a preferred choice for entrepreneurs.
The LLP structure offers the flexibility of a partnership firm and benefit of a limited liability offered under a private limited company registration. The LLP relatively has lower compliances and easy funds movement as compared to private companies. The Bizsetupsolutions professionals assist in LLP registration from start to end, which is completely online and hassle-free.
A Limited Liability Partnership (LLP) is a unique business structure that combines the limited liability protection of a company with the flexibility of a partnership. As a hybrid model, it offers the perfect blend of collaboration and security for modern businesses.
One of the key advantages of an LLP is its perpetual existence — meaning the firm continues to operate regardless of changes in partners. Additionally, an LLP:
The LLP can continue its existence irrespective of partners coming and going and is capable of entering into contracts and holding properties in its name. It is a separate legal entity and is liable for its assets, and the liability of partners is limited to the amount they have invested in a firm. Most importantly, no partner is liable on account of the unauthorized actions of other partners. Thus, individual partners are protected from the joint liability created by another partner’s misconduct and wrongful business acts.
The minimum requirement for LLP incorporation is as follows:
Documents required for LLP registration in India are divided into two sections:
Address proof of the registered office:
Documents for Partners:
Once LLP registration is done, post-incorporation compliance and registrations will need to be done. We at BizFoc, with the help of its profound, highly skilled, and qualified professionals, guide you further and support you in fulfilling the post-incorporation compliance by LLP:
The cost for LLP registration will be ₹6,698 which includes DSC making charges for two partners and professional charges but excluding GST charges.
Fees for LLP registration | Amount in ₹ |
---|---|
Professional Fee | ₹ 1,499 |
DSC Making Charges per partners | ₹ 1,499 |
Run + FiLLiP Form | ₹ 843 |
Total | ₹ 3,841 |
Note: Government Fee varies from state to state.
The procedure for the LLP registration process are as follows:
1. Name Reservation:
The first step for LLP registration is to select a unique name and availability of the proposed name can be checked from the MCA Portal and trademark website. The proposed name is filed using RUN-LLP (Reserve Unique Name-Limited Liability Partnership) form.
The name will be approved by the Registrar only if there are no trademarks and a similar LLP or company name exists. If the Registrar has disapproved the name for LLP registration, then there is an option of resubmission of the form within 15 days to rectify the errors.
The name of the LLP shall end with either ‘Limited Liability Partnership’ or ‘LLP.’
2. Obtain a Digital Signature Certificate (DSC):
Obtaining a class 3 DSC of all partners is a significant part of LLP registration. As the online LLP registration has to be done, all documents will be uploaded online along with the digitally signed ones. If any partner has a valid DSC, then there is no need to apply further, and the same DSC can be used. DSC is downloaded in physical tokens similar to pen drives.
3. File LLP Incorporation form:
For the LLP registration, FiLLiP (Form for incorporation of Limited Liability Partnership) is filed with the Registrar of the respective jurisdiction. The following documents and information are attached to the incorporation forms.
4. Submit the Agreement of LLP:
The LLP agreement governs the mutual rights and duties of partners inter se and those of the LLP and its partners. The form has to be filed mandatory within 30 days of the date of LLP registration. LLP agreement must be filed in Form 3 online on MCA Portal.
The LLP agreement has to be signed and notarized on stamp paper, as per the stamp duty that the state government prescribes. For instance, in the case of India, the stamp duty for LLP registration will be 1% of capital contribution (minimum ₹200 and maximum it will be ₹5,000) whereas in Gurgaon (Haryana), the stamp duty for LLP registration is ₹1000 fixed.
The benefits of LLP registration in India are covered below:
LLP is an organized business structure approved by the government body. Bankers and creditors prefer it due to its transparency of financials.
LLP doesn’t not require any minimum capital to start a business, as they can be established with the least possible capital.
LLP partners have limited liability, which depends on their contribution. It means they are not liable to pay out from their assets because, during winding up and insolvency, only LLP’s assets are liable to repay debts.
As compared to other corporate structures, the LLP provides high flexibility to withdraw funds and take unsecured loans from third parties. Functions and profit distribution are written under the agreement between the partners of the LLP. It leads to flexibility in the business management system.
Bizsetupsolutions is a reliable LLP registration consultant in India, offering expert guidance tailored to your startup’s unique needs. Our team of experienced Chartered Accountants (CAs), Company Secretaries (CS), and Lawyers help you choose the right business structure while ensuring a smooth registration process.
We provide end-to-end support, covering every aspect of LLP formation, including:
Every partner of an LLP would be, for the business of the LLP, an agent of the LLP but not of the other partners. Liability of partners shall be limited except in case of unauthorized acts, fraud, and negligence. But a partner shall not be personally liable for the wrongful acts or omission of any other partner. The liabilities of the LLP shall be met out of the property of the LLP.