Limited Liability Partnership

What is Limited Liability Partnership?

Limited Liability Partnership (LLP) is a unique form of partnership that offers limited liability protection to its owners and requires minimal maintenance. This type of partnership is popular among professionals, micro and small businesses that are family-owned or closely-held. LLP provides limited liability protection to the owners from the debts of the partnership. Therefore, all partners in an LLP are safeguarded by limited liability protection, similar to shareholders of a private limited company.

Minimum Requirements of LLP Registration

1. Minimum 2 Person: Limited Liability Partnership (LLP) can be registered by at least two persons, who shall act as the designated partners of the LLP. There is no cap on the maximum number of partners in an LLP form of business.
2. No Minimum Capital: Limited Liability Partnership (LLP) can be incorporated with any amount of capital as per your business requirements, there is no maximum limit on the capital which can be invested in the LLP. However, the minimum capital cannot be less than Rs. 10,000/-
3. Resident Director: Any One of the Designated Partner of the LLP must be Resident in India. A person is said to be resident if he or she stays in India for at least 182 days during the preceding financial year irrespective of their citizenship.

Advantages of Limited Liability Partnership

  1. Limited Liability Partnership has its own legal identity.
  2. The responsibility and liability of each partner are restricted to the amount of their investment.
  3. LLP has an uninterrupted continuation.
  4. The formation expenses of an LLP are lower compared to other business entities.
  5. There are fewer formalities and rules for setting up an LLP.
  6. There are no requirements for minimum capital investment.
  7. It is easy to transfer ownership in an LLP.

ERA Legal Services Limited Liability Partnership

The Services which are included in our package are as Follows:
✅ Digital Signatures
✅ DPIN Of Two Directors
✅Name Search and Approval
✅Filing of Form Fillip along with Pan and Tan
✅LLP Agreement
✅Provisional PF ESI Registration
✅GST Registration
✅MSME Registration

Documents Required for Forming Limited Liability Partnership

  1. PAN card copies of all partners
  2. Passport-size photographs of all partners
  3. Copies of Aadhaar card, voter ID card, or driver’s license of all partners
  4. Current bank statement or utility bill of all partners
  5. Current electricity bill of the registered office of the partnership firm
  6. Passport-size photographs of all partners
  7. Rent agreement, if applicable.

Process of Limited Liability Partnership

Step -1 Arrange all Required Documents: The first step is to arrange all the documents and send the same over the email / WhatsApp to us. Once all the Documents are Received, we will Start the Further Process.
Step -2 DSC and Name Availability: The Next Step is to Start the Further Process of Digital Signature and Checking the Name availability.
Step-3: Preparation of Documents: The Next Step is Preparation of Documents to be Submitted at Department.
Step-4: Filing of Fillip Form: The Next Step is Submission of Fillip Form at Department.
Step-5: Drafting and Filing of LLP Agreement: The Next step is drafting and filing of LLP Agreement at ROC.
Step-6: Apply for Pan and Tan: The Next Step is to apply for Pan and Tan.

Important Forms in Limited Liability Partnership

RUN- LLP Reserve Unique Name-Limited Liability Partnership- A form for reserving a name for the LLP
FiLLiP- A Form for incorporation of LLP
Form 5- Notice for change of name
Form 17- Application and statement for the conversion of a firm into LLP
Form 18- Application and Statement for conversion of a private company or unlisted public company into LLP.

Mandatory Compliance After LLP Incorporation

1. Statement of Account & Solvency
2. LLP Annual Return
3. Income Tax Return

FAQ on Limited Liability Partnership

1. Is there any minimum capital requirement to register a LLP in India?
No, there is no minimum capital requirement for Limited Lability Partnership. Any person can incorporate a LLP of capital of his choice. If you have capital crunch, then LLP registration is the best option for you.

2. What do you mean by designated partners? And who can become a partner in LLP?

Designated Partners are akin to directors in a company and are responsible for managing the operations of the LLP. They are appointed during the incorporation of the LLP and are responsible for its overall functioning. Each designated partner is allotted a DPIN, which is similar to a DIN. Any individual or body corporate can become a designated partner.

3. Is audit of LLP is mandatory as per the LLP act?
No, the audit of LLP is not mandatory from zero turnovers. However, it becomes mandatory if the total contribution by partners is more than 25 lakh or the total turnover is more than 40 lakhs.

4. Can an existing partnership firm be converted to LLP?
Yes, an existing partnership firm can be converted into LLP by complying with the Provisions of clause 58 and Schedule II of the LLP Act. Form 17 needs to be filed along with Form 2 for such conversion and incorporation of LLP.

5. If any partner wants to leave from LLP. How he can do so?
As per the clause mentioning in LLP agreement, a person may leave the organization. Supplement deed is required to be formed at the time of any changes in constitution of LLP. Whenever any person ceases to be partner or any changes occurred then have to inform the ROC by filing prescribed forms.

6. How can a person become partner of an LLP?
The person who subscribes the subscriber sheet at the time of formation of LLP will be considered as partners in LLP. After incorporation, new person can be added as partner as per the clause mentioned in LLP agreement.