LLP or Limited Liability Partnership is an alternative business form that provides the advantages of a limited liability company and the flexibility like that of a partnership firm.
An LLP, therefore, exhibits elements of both partnerships and corporations. This innovative and most awaited form of company was introduced into the Indian corporate world in 2009 by the Limited Liability Partnership act of 2008.
This unique hybrid combination of a limited and partnership company is thus suitable for small, medium-sized businesses or professionals.
Being one of the easiest types of businesses to incorporate and manage there are over one lakh registrations received in India since the introduction. Minimum two partners can incorporate an LLP, there is no upper limit as such.
In an LLP one partner is not responsible for the other partner's misconduct or negligence. The mutual rights and the duties of the partners with an LLP are governed by an agreement that is signed between the partners.
As LLPs, are not capable of issuing equity shares LLPs should not be chosen for any business that plans for raising equity funds Angels investors, Venture Capitalists or Private Equity.
An engagement manager reaches out to you for the collection of necessary documents.
Submit the data online through your IndiaFilings website or mobile application.
The received information is verified and the process for obtaining the Digital Signature is initiated.
After submitting DSC the applicant has to complete OTP verification or Video KYC check.
A request is filed with the MCA for reserving the name of the LLP.
On receiving the documents we draft the incorporation documents and send them to the partners for signatures.
A scanned copy of the documents must be uploaded on the IndiaFilings platform.
The signed documents along with the application are then sent for approval to the MCA which takes around 2-5 working days.
A bank account is opened in the name of the LLP, in parallel to this we also draft an LLP partnership deed. This deed must be signed by all the partners and on a stamp paper which is then to be uploaded to the IndiaFilings Platform within 25 days of incorporation.
The signed deed is then verified by the engagement manager and uploaded on the MCA portal within 30 days of incorporation.
The average time for the process of incorporation of an LLP takes around 15-20 working days subject to the Government processing time and submission of documents by the client. An assigned engagement manager will reach out to you for the collection of the necessary documents for the registration of LLP. The data can be submitted online through our IndiaFilings mobile app or the website.
After receiving the information of the engagement manager will verify the documents and the process for obtaining Digital signatures would commence. On the submission of the digital signatures, the applicant needs to complete the OTP verification and video KYC check. Simultaneously, we also file a request with the MCA for reserving the name you have selected for LLP.
On obtaining the approval of the name and the digital signatures, we draft all the documents for the incorporation of the LLP and send them to the partners for signature. All of the partners then must sign the documents and upload them on the IndiaFilings platform.
The signed documents are then submitted along with the application for the incorporation of an LLP to the MCA. The approval from the MCA takes around 2-5 working days. Once the approval is obtained the LLP would be incorporated and we begin with the process of helping you in obtaining a PAN for the LLP and also opening a bank account in the name of an LLP. Simultaneously, we also draft the LLP partnership deed. This partnership deed must be signed by all the partners on a stamp paper and the signed copy must be uploaded on the IndiaFilings platform within 25 days of incorporation. Later, the signed LLP partnership deed is verified by the engagement manager and uploaded on the MCA portal within 30 days of incorporation for the final processing.
For the registration of an LLP in India following documents are required. We at IndiaFilings carry on LLP registration with just a nominal fee of Rs.7899.
There are several reasons why people opt for LLP over Private Limited Company incorporation. LLPs are considered to be easier to set up and flexible form of business. Entrepreneurs find it feasible to start their organization as it is comparatively hassle-free in day to day operations. Here, we take a look at the various advantages of LLPs.
Low registration cost: The cost of registering an LLP is comparatively lower than that of incorporating a public limited company or a private limited company. You can register an LLP here through IndiaFilings at just 7899.
No requirement for minimum contribution: As an LLP can be formed with the least possible capital, there is no minimum capital requirement in the incorporation of an LLP.
No limits on the owners of the business: An LLP requires a minimum of 2 partners but there is no such upper limit on the maximum number of partners. Whereas in a private limited company there are restrictions on having more than 200 members.
No requirement of compulsory audit: Whether the company is Public or Private irrespective of their share capital is expected to get its account audited. But here in the case of LLPs, there is no such mandatory requirement and this is considered to be one of the significant compliance benefits of forming an LLP. A Limited liability company is supposed to get its audit done only in two cases
Taxation aspect on LLP: LLP is liable for payment of income tax and the share of the partner is not liable to taxation. Thus, no Dividend Distribution Tax (DDT) is payable. Know more
The main purpose of introducing LLP is to introduce a form of business that provides limited liability to the owners and is comparatively easy to manage and hassle-free. It is an alternative to Partnership firms. Here, we take a look at the major differences between an LLP and a partnership firm.
In an LLP the partners are not responsible to the creditors externally. Hence, the partners are liable to the extent of their contribution to the LLP. On the contrary, in the case of a partnership firm the partners are personally responsible to the creditors. Because of this entrepreneurs may deny being partners in the partnership firm. In an LLP the partners enjoy limited liability protection.
LLP and partnership firms both must have a minimum of 2 partners. However, there is no upper limit in the number of partners in an LLP. Just in case if the number of partners reduces below 2 in a partnership firm due to any reason the firm would stand dissolved. Whereas in the case of LLPs if the number of partners reduces below 2, the sole partner can find a new partner without actually dissolving the LLP.
An LLP can shift their registered office and open a bank account anywhere in India as it is registered under the Ministry of Corporate Affairs of India.
The Registrar of firms that registers the partnership firms are controlled by the state government. Hence, it is more tedious to operate or move across India with Partnership firms.
The subsistence of LLP does not depend on its partners. The partners of the LLP can change from time to time, but that will not affect the existence, continuity, or operations of the LLP. In the case of a Partnership firm, the resignation or death of any partner would have huge consequences and the Partnership would have to be reconstituted.
Members can be added to LLP during incorporation or post incorporation. The following persons can be partners in LLP
The LLP agreement must be executed and filed within 30 days of incorporation of an LLP. If the LLP fails to file the agreement, then there is no agreement and the First Schedule of the LLP Act will administrate the relationship between the Partners and LLP. In case there is written agreement and no detailed declaration about any of the matters dealt with in the first schedule, such matters will be administered by the first schedule.
Entrepreneurs starting a new business are always curious about the difference between a Private Limited Company and an LLP, as both of them offer similar features. Here's the comparison between a Private Limited Company and an LLP from an entrepreneur's perspective for starting a new business.
Registration process: The processes for Private Limited Company registration and LLP Registration are very similar with some differences in the documents and the forms that are filed for incorporation.
Following are the steps involved for the incorporation of a Private Limited Company as well as an LLP.
Both LLP and Private Limited company are registered with the Ministry of Corporate affairs under Central Government. The processing time for incorporation of both Private and public limited company takes around 15-20 working days.
Cost of Registration: The LLPs have been designed to meet the needs of small businesses and hence, the incorporation fee for an LLP is comparatively cheaper than that of a Private Limited Company. LLP registration requires a lesser number of documents that need to be printed on Non-Judicial stamp paper as compared to the Private Limited Company Registration. Through IndiaFilings a Private Company can be registered at just Rs.6899 online here.
Features: Similar features are offered by LLP and Private Limited Company. Both being separate legal entities have assets and liabilities that are separate from that of the promoters. Even though both LLP and Private Limited companies are transferrable, a Private Limited Company offers more flexibility when it comes to transferring or even sharing of ownerships. Unless closed by the promoters or by a competent authority both Private Limited Company and LLP have a perennial life.
Ownership: In LLP the partners hold the ownership as well as the powers to manage and control the LLP. Therefore, a Partner in LLP will play a very significant role as he will play the role of both owner as well as a manager. In parallel, flexibility is offered to the promoters by a Private Limited Company when it comes to ownership and ownership sharing.
Compliance: For LLP and Private Limited Company the Tax Compliances are similar. LLPs enjoy several advantages when it comes to Compliances relevant to the Ministry of Corporate affairs. An LLP doesn't need to have its account audited it the annual turnover of the LLP is less than Rs. 40 lakh and the capital contribution doesn't exceed Rs. 25 lakh. An LLP would however have to file LLP Form 8 and LLP form 11. On the contrary, a Private Limited Company would have to file an annual return with the Ministry of Corporate Affairs each year.
Post amendments to FDI regulation on 10th, November 2015, 100% FDI is now permitted the automatic route. 100% FDI is allowed in sectors and activities where 100% FDI is allowed and there are no FDI-linked performance conditions. Hence, foreign nationals can now start or invest in LLP. Click here, to know more about the recent FDI reforms.
Government approval was required before 2015 for investments in LLP by NRIs and foreign nationals. Thus, the process of LLP incorporation by NRIs and foreign nationals was cumbrous and expensive. So, the NRIs and foreign nationals preferred company registrations over LLP. But now, with the relaxation of FDI norms the NRIs and foreign nationals can easily register their LLPs.
Visit Indiafilings.com if you are an NRI or foreign national looking to start an LLP. We offer LLP registration for NRIs and foreign nationals starting from just Rs. 8000.
Along with the incorporation of LLP, we at IndiaFilings help you to maintain the basic accounting and Compliance of your LLP at a very affordable price. The package starts from Rs.7899 per year. Following are the compliances that an LLP must follow every year.
Income tax return: Income tax return using form ITR 5 must be filed by the LLPs. Form ITR 5 can be filed online through the income tax website using digital signatures of the designated partner.
MCA annual return: The LLP Form 11 should is due on or before the 30th of May each year. Form 11 contains the details of the number of partners, total number of partners, total contribution received by all partners, details of body corporate as partners, and summary of the partners. Along with this Form 8 must be filed within 30 days from the end of the 6 months of the respective financial year along with some prescribed fees. Hence, LLP form 8 must be filed before the 30th of October of each financial year.
In addition to this, GST registration, GST return filing, and TDS return filing would be required for the LLP based on the sales and turnover.
IndiaFilings is the market leader in LLP registration services in India, also offers a variety of business registration services like Private Company Limited registration, One Person Company registration, Nidhi Company Registration, Section 8 Company Registration, Producer Company registration, and Indian Company registration.
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Opening a current account for an LLP is easier when compared to opening of current account for a sole proprietorship firm or partnership firm as an LLP is a registered legal entity – recognized by law. Therefore, once a LLP is incorporated, a bank account can be opened in the name of the LLP with the incorporation certificate of the LLP and identity/address proof of the Partners.
A Limited Liability Partnership must have a minimum of two Partners and an LLP can have any number of Partners.
The designated Partner must be a natural person who is above 18 years of age. LLP Act 2018 allows a foreign national including Foreign Companies to incorporate an LLP in India, provided at least one designated partner is Indian.
An LLP can be started with any amount of money there is no such minimum requirement. A partner may contribute both tangible or intangible property.
A DSC is helpful in identifying the sender or the signee electronically. The Ministry of Corporate Affairs (MCA) has made it mandatory for all the designated partners to apply with the Digital Signatures.
Designated Partner Identification Number is a unique identification number that is assigned to all existing and proposed Designated Partner of an LLP. All the present or proposed Directors must have a DPIN.
The time taken for incorporation depends on the submission of relevant documents by the client as well as the Approvals from the Government authorities. IndiaFilings can help you Incorporate an LLP in 14-20 days.
An NRI can be a designated partner in a Limited Liability Partnership if he has a Designated Partner Identification Number. However, at least one Designated Partner in the LLP must be a resident Indian.
FDI is allowed under automated route in an LLP by the Foreign Investments Promotion Board (FIPB).
Note: Foreign Institutional Investors and Foreign Capital Investors are not allowed to invest in LLPs.
An existing partnership firm or a Company that is unlisted can be converted into an LLP. This conversion into an LLP brings in many benefits.
For the Partners
Registered office proof
LLP is a combination of both Partnerships and a Limited Company, offering the advantages of both the companies.
An LLP is supposed to file
An LLP cannot raise funds from the public in any form. In an LLP only partners can contribute their capital and the liability of the Partners is limited to the extent of their contribution.
Last updated: Mar 04, 2021