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What are the key requirements for LLP registration?

1. Minimum Partners

  • At least two partners are required to form an LLP.
  • There is no upper limit on the number of partners.
  • At least one partner must be a resident of India (stayed in India for at least 182 days in the preceding year).

2. Designated Partners

  • A minimum of two designated partners are required, who are responsible for compliance and filings.
  • Designated partners must have a Director Identification Number (DIN) or Designated Partner Identification Number (DPIN).
  • At least one designated partner must be a resident of India.

3. Digital Signature Certificate (DSC)

  • All designated partners must obtain a Class 3 Digital Signature Certificate (DSC) for electronic filing of forms.

4. Unique Name for the LLP

  • The proposed name of the LLP must be unique and not identical to:
    • Any existing LLP or company.
    • A registered trademark or a pending trademark application.
  • The name must end with “LLP” or “Limited Liability Partnership”.

5. Registered Office Address

  • A physical address in India is mandatory as the registered office of the LLP.
  • Proof of address (utility bill, rent agreement, or ownership documents) must be provided.

6. LLP Agreement

  • The partners must draft and execute an LLP Agreement that outlines:
    • Roles and responsibilities of the partners.
    • Profit-sharing ratio.
    • Rules for operation and dispute resolution.
  • The LLP Agreement must be filed with the Registrar of Companies (ROC) within 30 days of incorporation.

7. PAN and TAN

  • Obtain a Permanent Account Number (PAN) for the LLP from the Income Tax Department.
  • If the LLP is liable for tax deduction at source (TDS), a Tax Deduction and Collection Account Number (TAN) must also be obtained.

8. Compliance with Sector-Specific Requirements

  • For certain sectors, additional permissions or approvals may be required (e.g., financial services, insurance).

Documents Required

For Partners

  • PAN card (mandatory for Indian nationals).
  • Proof of identity (Aadhaar, passport, voter ID, or driving license).
  • Address proof (bank statement, electricity bill, or telephone bill, not older than 2 months).
  • Passport (mandatory for foreign nationals).

For Registered Office

  • Address proof of the office (utility bill, property tax receipt, or rent agreement).
  • No-Objection Certificate (NOC) from the owner (if rented).

For LLP Registration

  • Proposed name(s) for the LLP.
  • Digital Signature Certificates (DSC) of designated partners.
  • LLP Agreement (to be filed after registration).

Registration Process

  1. Apply for DSC: Obtain Digital Signature Certificates for the designated partners.
  2. Obtain DPIN/DIN: Apply for a Designated Partner Identification Number (DPIN) using Form DIR-3.
  3. Name Approval: File RUN-LLP (Reserve Unique Name) form to get the proposed LLP name approved.
  4. Filing Incorporation Documents:
    • File FiLLiP (Form for Incorporation of LLP) with the ROC, including:
      • Details of partners.
      • Address of the registered office.
      • Required documents.
  5. Certificate of Incorporation:
    • Upon approval, the ROC issues the Certificate of Incorporation with the LLP’s registration number.
  6. Draft and File LLP Agreement:
    • Execute and file the LLP Agreement in Form 3 within 30 days of incorporation.

Fees for Registration

Post-Registration Compliance

  • Obtain PAN and TAN.
  • Open a bank account in the LLP’s name.
  • File annual returns with the ROC (Form 8 and Form 11).
  • File income tax returns and GST returns (if applicable).

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