Publish: September 3, 2025
How is an LLP formed in India?
Preliminary Requirements
- A minimum of two partners is required to start an LLP.
- At least one designated partner must be a resident of India.
- All designated partners must obtain a Digital Signature Certificate (DSC).
- A Designated Partner Identification Number (DPIN) is mandatory for designated partners.
- The proposed name of the LLP must be unique and not violate trademarks.
Name Reservation Process
- Application for name reservation is made through RUN-LLP (Reserve Unique Name–LLP) on the MCA portal.
- The name must include the words “LLP” or “Limited Liability Partnership”.
- A maximum of two name choices can be proposed in a single application.
- The Registrar reviews and approves the name if it complies with naming guidelines.
- Once approved, the name is reserved for 90 days.
Incorporation of LLP
- File the Form FiLLiP (Form for Incorporation of Limited Liability Partnership) with the MCA.
- Attach required documents such as partner details, address proof, and ID proof.
- Consent from designated partners must be submitted in the specified format.
- Proof of registered office address and utility bills are required.
- The Registrar issues a Certificate of Incorporation upon approval.
LLP Agreement Execution
- The LLP agreement defines the mutual rights, duties, and profit-sharing ratio among partners.
- It must be executed on non-judicial stamp paper as per state laws.
- The agreement must be filed online using Form 3 within 30 days of incorporation.
- Any future amendments to the agreement must also be filed with the RoC.
- The agreement is essential for determining the internal management structure.
Post-Incorporation Compliance
- Obtain PAN and TAN for the LLP from the Income Tax Department.
- Open a current bank account in the name of the LLP.
- Register for GST or other applicable licenses based on business nature.
- Maintain books of accounts and prepare for annual filings.
- Comply with all periodic legal and statutory obligations as per the LLP Act.
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