Limited Liability Partnership (LLP) is a business structure that combines the benefits of both a partnership and a corporation. It provides the flexibility of a partnership, where two or more individuals share ownership and responsibilities, but with limited liability protection similar to that of a corporation. In an LLP, the partners are not personally liable for the debts of the business beyond their investment, which protects their personal assets in case of legal or financial issues. This makes the LLP a popular choice for professional services firms, such as law firms, accounting firms, and consulting businesses.
The registration of an LLP is governed by the Limited Liability Partnership Act of 2008 in India, and it requires a minimum of two partners, who can be individuals or corporate entities. LLPs must file certain documents, including the LLP agreement, which outlines the roles, responsibilities, and profit-sharing ratios of the partners. The agreement is essential as it helps prevent disputes and ensures the smooth operation of the business. After registration, the LLP is recognized as a separate legal entity from its partners, capable of owning property, entering into contracts, and conducting business in its own name.
LLPs offer several advantages, such as flexibility in management, no requirement for a minimum capital investment, and relatively simple regulatory compliance. The liability protection ensures that partners are shielded from personal financial risk, unlike in a general partnership where all partners are fully liable for the firm’s obligations. Additionally, LLPs enjoy tax benefits and can easily raise capital through additional partners. This structure has become increasingly popular among small and medium-sized enterprises (SMEs) as it provides the advantages of limited liability and operational flexibility without the complexities of forming a corporation.
In this step, the client is informed about how to choose the LLP name, the documents required for LLP registration, the LLP registration process, the time required, and other details that the customer should know.
The checklist to register sole proprietorship firm is sent to the client and other instructions are given, documents required for registration of proprietorship firm is received from client.
Once the name application is submitted, a digital signature for LLP registration is applied through the Aadhaar E-KYC process. The client needs to complete the DSC verification process for DSC approval, DPIN will be applied for two partners.
Once the name is approved, documents such as the rental agreement are drafted and provided to the client along with other documents for signing. Then all the documents required for LLP registration will be submitted to the registrar for approval of LLP.
The registrar after verifying the documents submitted for LLP registration will grant a certificate for LLP registration. After the grant of registration, the LLP deed should be submitted to the registrar within 30 days.
The client will be provided with details about tax compliance required, other registration required for the nature of business, etc.
Any two or more individuals or corporate entities can form an LLP. At least two designated partners must be appointed, and one of them should be a resident of India.
Yes, an LLP must be registered with the Registrar of Companies (ROC) under the Limited Liability Partnership Act, 2008.
The partners of the LLP are responsible for the payment of the debts. However, the personal debts of the partners cannot be touched upon for the debt recovery unless the case is of the fraud or cheating. The recovery is only done from the capital contribution of the partners.
There is no minimum capital requirement for LLP registration, meaning that the LLP can be registered at capital contribution.
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