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Do you want to register LLP (Limited Liability Partnership) in India? But doesn’t know how to proceed with it? Where to go? What to apply? What are the LLP registration charges? Don’t worry! legal Infinix is here to help you with LLP registration online. We will guide you through the entire registration process with all the attention needed, from applying for an LLP registration to getting your company registered. All the information is listed below that you need to know for the LLP license application in India.
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What is LLP (Limited Liability Partnership)?
First, understand that the LLP, Limited Liability Partnership, is a specific type of business setup that combines the features of a partnership and a company. In LLP, the partners hold a separate legal identity from the company, separating them from any liability or legal actions over the company. This law was introduced in India in 2008, governed by the Limited Liability Partnership Act. LLP has become the popular choice among startups and entrepreneurs in various industries because it protects the partners' assets and has straightforward regulatory requirements as compared to traditional corporations. LLP is suitable for partners who want shared management, protection of personal assets, and minimal compliance.Types of LLP Registration License In India
There are many kinds of LLP company registration. The LLP registration licence comes in various forms to accommodate different categories of business and operational needs. You need to identify what type of license you require. These are the types you can register LLP in:- One Person LLP - the recent provision allows you to form single-member LLPs for a limited period, specifically six months in certain cases. For example, a sole proprietor converting their business into an LLP under special provisions.
- Domestic LLP - This is for businesses that are operating within India with Indian partneINRrs. For example, chartered accountants in Mumbai are forming an LLP to provide accounting services across India.
- Foreign LLP - LLP firm with foreign partners or foreign LLPs establishing a place of business in India needs to register Limited Liability Partnership under this category. For example, a UK-based consulting firm is establishing an LLP in India with both Indian and British partneINRrs.
- Startup LLP Registration - This is for a new small business that wants to get recognised under the Startup India initiative. For example, a group of lawyers and a CA is starting a law firm.
- Small LLP - This registration is done by businesses that have a turnover of less than 40 lakhs. For example, a small manufacturing unit forming an LLP with a lower turnover.
- Professional LLP - This is for a professional, such as a Company secretary, chartered accountants, lawyers, etc., for example, an architecture group forming an LLP to provide their professional services.
- Conversion to LLP - For the existing Private Limited companies shifting to an LLP structure for Limited Liability Benefits. For example, an existing partnership firm dealing in textiles is converting to an LLP structure.
Benefits Of The LLP Registration In India
Tax Benefits: LLPs enjoy several tax advantages, including no dividend distribution tax and exemption from audit if annual turnover is below ₹40 lakh and capital contribution is below ₹25 lakh.
Separate Legal Entity: An LLP is a distinct legal entity from its partners. It can own assets, enter into contracts and sue or be sued in its own name.
Operational Flexibility: LLPs have fewer compliance requirements compared to private limited companies. There is no mandate for annual general meetings or heavy auditing unless turnover crosses specified limits.
No Minimum Capital Requirement: There is no mandatory minimum capital to start an LLP. Partners can contribute any amount agreed mutually.
Limited Liability: Partners are not personally liable for business debts or liabilities. Their liability is limited to the capital they contribute, protecting their personal assets from business risks.
Easy Ownership Transfer: Ownership can be partially transferred by inducting new partners or changing partnership ratios without significant procedural complications.
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Understanding LLP Firm Registration Laws and Rules in India
There are legal rules to ensure the smooth operation of LLP firm registration in India.- Limited Liability Partnership Act, 2008: It provides the legal structure to form, operate, and dissolve LLPs in India to ensure compliance with necessary legal formalities.
- Limited Liability Partnership Rules, 2009: Details procedural aspects, including registration, conversion, and compliance requirements, offering clarity on the operational steps for LLPs.
- Companies Act, 2013: Includes provisions relating to the conversion of companies into LLPs, offering a legal pathway for businesses to transition from a company structure to an LLP.
- Foreign Exchange Management Act, 1999: Ensures proper compliance with foreign exchange policies by regulating foreign investment in LLPs and the establishment of LLPs with foreign partners.
- Income Tax Act, 1961: It defines the taxation structure applicable to LLPs, how they are taxed, and what deductions or exemptions they can claim under Indian tax laws.
Eligibility Criteria for LLP Registration online
You should know whether your business will qualify for it or not before every new LLP registration. Below, we have listed several factors as per the Limited Liability Partnership Act, 2008.- Minimum partners - A minimum of two partners is required to form an LLP.
- Designated partners - Minimum two designated partners who are individuals, with at least one being a resident of India.
- Residency Requirement: At least one partner must - At least one partner has to have resided in India for at least 182 days during the preceding year.
- Age Requirement - All partners should be at least 18 years old.
- No maximum limit - The partners could exceed any limit. There is no maximum limit on the number of partners in an LLP.
- Digital Signature Certificate (DSC) - All partners should have a valid DSC.
- Director Identification Number (DIN)- All designated partners must have a valid DIN or DPIN.
- Prohibited sectors - LLPs cannot be registered for non-profit activities or in sectors prohibited by the government.
Legal Infinix can be your best choice for your Startup LLP registration. Call our consultants now!
Documents Required For Register LLP Online
Complete all your required documents so that you won’t face any rejections in the future because of a lack of documents in the LLP Company registration Process.For Partners
- Email ID and Mobile Number
- PAN Card and Aadhaar Card (mandatory)
- Passport (for foreign nationals/NRIs)
- Address proof (bank statement, electricity bill, etc.)
- Passport-size photographs
- DSC (Digital Signature Certificate)
For Registered Office
- Utility bill (not older than 2 months)
- Rent agreement (if rented)
- NOC from the property owner.
How to Register an LLP online in India?
Follow the listed steps carefully while registering for LLP.
Step 1: Obtain Digital Signature Certificate (DSC)
All designated partners must obtain a Digital Signature Certificate (DSC) from a government-recognised certifying authority, as all LLP registration forms are filed online.
Step 2: Apply for Director Identification Number (DIN)
Designated partners must apply for a DIN. This can be done along with the LLP incorporation form, so a separate application is not required in most cases.
Step 3: Name Reservation for LLP
Apply for the reservation of the LLP name using the RUN-LLP (Reserve Unique Name – LLP) service on the Ministry of Corporate Affairs (MCA) portal. The name must comply with LLP naming guidelines.
Step 4: File LLP Incorporation Form (FiLLiP)
Once the name is approved, file the FiLLiP (Form for incorporation of LLP) on the MCA portal.
Details such as registered office address, partner information, and capital contribution must be provided.
Step 5: Pay Government Fees
Pay the prescribed government fees online based on the capital contribution of the LLP.
Step 6: Certificate of Incorporation
After verification, the Registrar of Companies (ROC) issues the Certificate of Incorporation, which includes the LLP Identification Number (LLPIN).
Step 7: File LLP Agreement
File the LLP Agreement in Form 3 on the MCA portal within 30 days of incorporation. The agreement defines the rights, duties, and profit-sharing ratio of the partners.
Step 8: Apply for PAN and TAN
Apply for the PAN and TAN of the LLP, which are required for taxation and statutory compliance.
Limited Liability Partnership Registration Number
An LLP registration Number, also known as the Limited Liability Partnership Identification Number (LLPIN), is a unique 7-digit alphanumeric code issued by the Registrar of Companies (ROC) upon incorporation. This number serves as the official identity of the LLP and is required for all filings and communications with the ROC. Once the applicant completes the registration process and submits the necessary documents, the ROC issues the certificate of incorporation containing the LLPIN of registration.LLP Incorporation Certificate
An LLP incorporation certificate is the official document issued by the MCA that confirms the successful registration of a Limited Liability Partnership. Proves the LLP’s legal existence, granting it a separate identity to operate, open a bank account, enter into contracts, and more. The certificates are essential for all legal, financial, and compliance-related activities and should be securely stored.How Much Time Does It Take To Register An LLP?
The LLP registration process can take around 10 to 15 working days. The registration time depends on several factors, like how fast you submit documents, how quickly the name is approved, and how efficiently the government process the application.With expert guidance, you can make the process fast by eliminating errors in the filing of the application.
Timeline and procedure:
- Day 1-2: Apply for Digital Signature Certificate (DSC)
- Day 3-5: Name reservation via RUN-LLP ( Reserve Unique Name)
- Day 6-10: Filing incorporation forms with MCA (FiLLiP form)
- Day 11-15: Certificate of incorporation issued, LLP is officially registered
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LLP Registration Cost In India
Registration costs for LLPs vary based on the capital contribution and professional services required for accurate submission.- Name Reservation Fee: INRRs. 200 for filing the RUN-LLP form.
Incorporation Fee:
- INRRs. 500 for LLPs with capital contribution up to INRRs. 1 lakh
- INRRs. 2,000 for contributions between INRRs. 1 lakh to INR. 5 lakhs
- INRRs. 4,000 for contributions between INRRs. 5 lakhs to INRRs. 10 lakhs
- INRRs. 5,000 for contributions above INRRs. 10 lakhs
- Digital Signature Certificate: INRRs. 1,000 - INRRs. 3,000 per designated partner, depending on validation level and provider.
- DIN/DPIN Application: INRRs. 500 per designated partner.
- Professional Services: INRRs. 6,000 - INRRs. 15,000 for complete LLP registration assistance.
- LLP Agreement Drafting: INRRs. 3,000 - INRRs. 10,000, depending on complexity and customisation requirements.
- Stamp Duty for LLP Registration: Varies by state, typically ranging from 0.1% to 1% of the capital contribution.
LLP Registration Charges and Penalties
Penalties and consequences for incorrect or delayed LLP registrations and compliance can include fines, interest charges, and legal action, depending on the severity of the issue.- Late Filing of LLP Agreement (Form 3): INRRs. 100 per day up to a maximum of INRRs. 5,000.
- Delayed Annual Returns (Form 11): Rs 100 per day for the period of delay.
- Late Filing of Statement of Accounts (Form 8): INRRs. 100 per day for the period of delay.
- Non-Compliance with Various Provisions: Penalties ranging from INRRs. 1,000 to INRRs. 5 lakhs, depending on the nature of the violation.
- Operating without Registration: Can result in personal liability for all partners and potential legal actions.
- False Statements in Documents: Penalties up to INRRs. 5 lakhs and potential criminal proceedings.
- Non-Disclosure of Interest by Partners: Fine up to INRRs. 1 lakh for the LLP and the concerned partner.
- Conducting Prohibited Business: Cancellation of registration and penalties up to INR. 5 lakhs.
What is the need for LLP Registration?
These are some of the reasons why you should have LLP registration:- Limited Liability Protection Shield partners’ assets from business liabilities. Limits financial risk to the extent of the capital contribution made by each partner.
- Tax Benefits Avoids double taxation applicable to companies. No divided distribution tax on profit distribution to partners.
- Minimal Compliance Burden Requires fewer statutory compliances compared to private limited companies. Audit requirements are only applicable when turnover exceeds INRRs. 40 Lakhs.
- Flexible capital structure No minimum capital requirement for formation. Partners can contribute as per mutual agreement, with easy capital restructuring
- Business Continuity Ensure perpetual succession regardless of changes in partnership. Business operations run smoothly despite partners joining or leaving.
- Ease of Ownership Transfer Facilitates smooth transfer of ownership with partner consent. Allows flexible entry and exit mechanisms as per the LLP Agreement.
Why Choose Us?
Legal Infinix will provide you with expert legal guidance through our professional team, which is experienced in handling the LLP registration process across various business sectors. Our legal team will provide you with step-by-step guidance through the entire LLP registration process. From the documentation to getting the license in your hand, our team will assist you all along with the most transparent charges.Feel free to contact our consultants at any time!
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