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
- Apply for DSC: Obtain Digital Signature Certificates for the designated partners.
- Obtain DPIN/DIN: Apply for a Designated Partner Identification Number (DPIN) using Form DIR-3.
- Name Approval: File RUN-LLP (Reserve Unique Name) form to get the proposed LLP name approved.
- Filing Incorporation Documents:
- File FiLLiP (Form for Incorporation of LLP) with the ROC, including:
- Details of partners.
- Address of the registered office.
- Required documents.
- File FiLLiP (Form for Incorporation of LLP) with the ROC, including:
- Certificate of Incorporation:
- Upon approval, the ROC issues the Certificate of Incorporation with the LLP’s registration number.
- 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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