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Company Incorporation

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All you need to know about Company Incorporation

At Complianto Consulting, our experts are committed to guide you on the right form of Company Incorporation

What is Limited Liability Partnership

Limited Liability Partnership as its name suggest is a form of partnership with limited liability. It carries the features of both a partnership firm and company. LLP is governed by Limited Liability Partnership Act, 2008 and it began in January 2009 and quicky became popular due to lesser compliances as compared to company and similar transparency as it is registered with ROC.

Limited Liability Partnership is formed by minimum two designated partners one of whom should be residing in India. LLP is governed by an agreement which is called Limited Liability Partnership Agreement carrying rights and duties of the partners.

This form of governance is mostly popular amongst the professionals like lawyers, architects, Interior designers, IT professionals and small businesses who want to work under legal structure to ensure transparency. limited liability partnerships have a separate legal existence and identity from their participants. Furthermore, its partners are only liable to a limited extent.

LLPs are accepted form of business for startup India Registration and thereby gets benefits under the same.

Limited Liability Partnership Company Incorporation

At Complianto Consulting, our experts are committed to guide you on the right form of Company Incorporation

What’s Included?

Benefits of LLP Company Incorporation

Below are the Benefits that you get in Private Limited Company Incorporation Over Limited Liability Partnership or One Person Company or Partnership firm

Frequently Asked Questions

How Much Time Needed to register a Private Limited Company?

Digital Signature Certificate (DSC) is a token issued by the Certified Authorities. A DSC is an eSignature used for filing forms with MCA by the directors, promoters, and shareholders. All the directors and the subscribers to MOA (promoters of the company) need DSC for submitting e-forms for incorporation. Director’s DSC is also used while filing GSTR, ITR, and ROC forms.

A Limited Liability Partnership (LLP) is a hybrid form of business organization that combines the features of a partnership and a company. It provides the benefits of a partnership, such as flexibility and tax benefits, along with the advantages of a limited liability company, which protects the personal assets of partners from business liabilities.

 

In a traditional partnership, the partners have unlimited personal liability for the debts and obligations of the business. In an LLP, the liability of partners is limited to their agreed contribution to the LLP. Additionally, an LLP has a separate legal entity, and the partners are not liable for the misconduct or negligence of other partners.

 

Some of the benefits of forming an LLP are:

  • Limited liability protection for partners
  • Flexibility in management and operations
  • Lower compliance requirements compared to a company
  • Tax benefits similar to a partnership
  • Easy to form and dissolve

Any two or more individuals or companies can form an LLP. There is no limit on the maximum number of partners in an LLP.

 
 

The process for registering an LLP in India involves the following steps:

  1. Obtain a Digital Signature Certificate (DSC) for the partners.
  2. Obtain a Designated Partner Identification Number (DPIN) for the partners.
  3. Reserve a name for the LLP.
  4. File the incorporation documents with the Registrar of Companies (ROC).
  5. Obtain the Certificate of Incorporation from the ROC.

Some of the compliance requirements for an LLP in India are:

  • Annual filing of LLP agreement and statement of accounts and solvency with the ROC.

Appointment of an auditor if –

-the contributions of the LLP exceeds Rs. 25 Lakhs, or

-When annual turnover of the LLP exceeds Rs. 40 Lakhs

  • Maintenance of proper books of accounts and records.
  • Compliance with income tax and other applicable laws.

Yes, an LLP can be converted into a company or vice versa, subject to the provisions of the Companies Act, 2013.

 

Yes, an LLP can raise funds from external sources such as banks and financial institutions. However, an LLP cannot issue shares to the public like a company.

 

Yes, an LLP can raise funds from external sources such as banks and financial institutions. However, an LLP cannot issue shares to the public like a company.

 
Is it easy to exit from LLP in case of Loss?

Any LLP can close down its business by adopting any of the following two ways:

Voluntary Strike Off

A Limited Liability Partnership (LLP) can voluntarily apply to the Registrar of Companies (ROC) for striking off its name from the register of LLPs. The LLP must meet the following conditions to be eligible for voluntary strike off:

• The LLP must not be carrying on any business or operations for a period of one year or more.

• The LLP must have no outstanding liabilities.

• All partners of the LLP must consent to the strike off.

The LLP can apply for voluntary strike off by filing Form 24 with the ROC. The form must be accompanied by the following documents:

• A statement of account disclosing nil assets and nil liabilities, certified by a Chartered Accountant in practice.

• A copy of the latest income tax return.

• A copy of the LLP agreement.

• A copy of the consent of all partners.

Once the ROC receives the application, it will publish a public notice inviting objections to the strike off. If no objections are received within 30 days, the ROC will strike off the name of the LLP from the register.

Compulsory Strike Off

The ROC can also strike off the name of an LLP from the register if it believes that the LLP is defunct. An LLP is considered to be defunct if it has not carried on any business or operations for a period of two years or more.

If the ROC decides to strike off the name of an LLP, it will send a notice to the LLP and all its partners. The notice will give the LLP an opportunity to make representations against the strike off.

If the LLP does not make any representations, or if the representations are not satisfactory, the ROC will strike off the name of the LLP from the register.

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