1. Legal Possibility of Conversion
- The LLP Act, 2008, allows a registered partnership firm to convert into an LLP
- Only firms registered under the Indian Partnership Act, 1932, are eligible
- Conversion must follow the procedures laid out in the LLP Act and Rules
- After conversion, the LLP becomes a separate legal entity
- The firm ceases to exist upon successful registration as an LLP
2. Basic Requirements for Conversion
- All existing partners of the firm must become partners in the LLP
- There must be no new partners introduced at the time of conversion
- Consent of all partners is mandatory before initiating the process
- A valid Digital Signature Certificate (DSC) and Director Identification Number (DIN) are required
- The firm must have a clear record with no outstanding legal issues
3. Procedure for Conversion
- Apply for the name reservation of the proposed LLP
- File Form 17 (application for conversion) with required attachments
- Submit Form FiLLiP (incorporation form) along with partner details
- Attach documents such as the partnership deed, NOC from creditors, and consent letters
- Once approved, a Certificate of Registration is issued by the Registrar
4. Effects of Conversion
- The LLP inherits all assets, liabilities, and obligations of the firm
- The firm’s licenses and contracts continue in the name of the LLP
- The partnership firm is deemed dissolved after conversion
- Business continues without interruption under the new structure
- The LLP gets a new identity and the benefits of limited liability
5. Post-Conversion Compliance
- The LLP must inform the Registrar of Firms about the conversion
- All business correspondence must mention the former name for 12 months
- Stationery and official records should reflect the new LLP details
- Update bank accounts, tax registrations, and licenses with LLP credentials
Maintain proper records and file annual returns as per LLP regulations
0 Comments