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Limited Liability Partnership (LLP) is a different corporate business form that gives the advantages of the limited liability of a company and the transformation of a partnership. The Limited Liability Partnership (LLP) can continue its alive whatever of switch in partners. It can enter into contracts and hold property in its name. The Limited Liability Partnership (LLP), a separate legal entity, is liable to the full extent of its assets, but the liability of the partners is limited to their agreed contribution to the Limited Liability Partnership (LLP). Additionally, no partner is liable on account of the free or unauthorized actions of other partners. Thus, individual partners are protected from combined liability made by another partner’s wrongful business decisions or wrong doing. Mutual duties and rights of the partners within an Limited Liability Partnership (LLP) are ruled by a legal agreement between the partners and the Limited Liability Partnership (LLP) or between the partners themselves, as the case may be. The Limited Liability Partnership (LLP) is not reassured of the liability for its other obligations as a different entity. Since Limited Liability Partnership (LLP) includes elements of a corporate structure and a partnership firm composition, Limited Liability Partnership (LLP) is called a hybrid between a company and a partnership.
To be qualified for Limited Liability Partnership (LLP) company registration in India, the following requirements must be met:
Benefits of LLP |
Explanation |
Limited Liability |
The liability of partners in an LLP is limited to their investment in the business. Personal assets are protected. |
Flexibility and Ease of Management |
LLPs have fewer compliance requirements than companies, making management and operations more straightforward. |
Legal Entity Status |
LLPs have a separate legal identity from their partners. It can own assets, incur debts, and enter into contracts. |
Tax Benefits |
LLPs have the advantage of pass-through taxation, where profits or losses are distributed to partners and taxed only once. |
Perpetual Succession |
LLP has perpetual succession, meaning it continues to exist even if one or more partners leave or pass away. |
Greater Credibility and Trust |
Operating as an LLP may enhance credibility and trust among stakeholders, such as customers, suppliers, and lenders. |
Flexibility in Profit Distribution and Decision-making |
LLP agreements allow partners to customize profit-sharing and decision-making based on their respective contributions. |
Easy Transfer of Ownership |
The ownership interest in an LLP can be easily transferred from one partner to another, either fully or partially. |
Professional Autonomy |
Professionals like lawyers, accountants, and architects can retain professional autonomy and jointly manage their practice. |
Confidentiality |
LLPs provide a certain degree of privacy as financial statements are not required to be disclosed publicly. |
The following documents are required for online Limited Liability Partnership (LLP) registration in India:
LLPs shall be recorded with the Registrar of Companies (ROC) chosen by the Companies Act, 1956) after succeeding the means specified in the LLP Act. Every LLP shall have a registered workplace. An Incorporation Document assisted by at least two partners shall have to be filed with the Registrar in an authorized form. Contents of LLP Agreement, as may be prescribed, shall also be required to be filed with Registrar online. Contents of the LLP Agreement or any small change made therein, if any, may be filed in Form 3, and details of partners/designated partners may be filed in Form 4 by LLP Rules, 2009.
Compliance |
Description |
Filing of LLP Agreement |
The LLP Agreement must be filed with the Ministry of Corporate Affairs (MCA) within 30 days of the incorporation. |
Annual Return Filing |
LLPs must file an Annual Return (Form 11) within 60 days of the close of the financial year. |
Statement of Account & Solvency |
Every LLP must file the Statement of Account & Solvency (Form 8) within 30 days from the end of six months of the close of the financial year. |
Income Tax Return Filing |
LLPs are essential to file Income Tax Returns (Form ITR-5) annually. The due date for filing is usually July 31. |
Statutory Audit |
LLPs with an annual turnover above a certain threshold must get their accounts audited by a Chartered Accountant. |
Maintenance of Books & Records |
LLPs must maintain proper books of accounts, statutory registers, and other necessary documents at their registered office. |
Compliance with GST Laws |
LLPs undertaking business activities liable to Goods and Services Tax (GST) must comply with GST laws, including registration, filing of returns, and payment of taxes. |
The time it takes to register an LLP in India is determined by several factors, including the efficiency of the Registrar of Partnerships office, the intricacy of the registration process, and the volume of applications being processed.
End-to-End Assistance |
Expert Legal Guidance |
Best in Class client Support |
We provide thorough assistance for getting your Online LLP Registration in India. |
ApkaTax offers comprehensive support for the Online LLP Registration application process, including legal assistance based on the specific priorities of our clients. |
Our dedicated support team ensures that our clients stay informed about the latest guidelines and updates regarding Online LLP Registration requirements and periodic inspections. |
Are you looking for LLP Registration Fees then here the details for you. The LLP Registration cost start from ₹3500 to ₹10000 along with Government Fee ₹2500 and Professional Fee ₹1000.
Steps | Fees |
LLP Registration Fee | ₹3500 To ₹10000 |
Government Fee | ₹2500 |
Professional Fee | ₹1000 |
LLP shall be a corporate body and a legal entity separate from its partners. It will have perpetual succession.
LLP form is a form of business model which: (i) It is organized and operates based on an agreement. (ii) Provides pliability without imposing detailed legal and procedural requirements. (iii) Enables professional/technical mastery and initiative to combine with financial risk-taking capacity innovatively and efficiently.
As per legal provisions of the LLP Act, in the non-appearance of agreement as to anything, the mutual rights and liabilities shall be as given provided for under Schedule I to the Act. Therefore, if any LLP suggests excluding the requirements of Schedule I to the LLP Act, it would have to enter into an LLP Agreement, especially excluding the applicability of any or all paragraphs of Schedule I.
Yes, the LLP Act 2008 permits Foreign Nationals, including Foreign Companies & LLPs, to incorporate an LLP in India; given at least one designated partner is a resident of India. However, the LLP/Partners must comply with all relevant Foreign Exchange Laws/ Rules/ Regulations/ Guidelines.
Persons, who endorsed the Incorporation Document at the period of incorporation of LLP, shall be partners of LLP. After incorporation, new partners can be allowed to the LLP per the conditions and requirements of the LLP Agreement.
A person may stop to be a partner by the agreement or in the absence of the legal agreement by giving 30 days’ notice to the other partners. A person shall also stop to be a partner of a limited liability partnership- (a) On his demise or dissolution of the limited liability partnership; or (b) If he is stated to be of unsound mind by a competent court; or (c) If he has claimed to be convicted as insolvent or declared as insolvent. ROC must be notified when a person becomes or ceases to be a partner or for any partner change.
Each partner shall tell the LLP of any modification in his name or address within fifteen days of such change. In turn, the LLP would be obliged to file such information with the Registrar within thirty days of such modification in Form 4.
Sections 60 to 62 of the Act provide how compromises or arrangements, including mergers and amalgamations involving LLPs, shall be allowed.
The accounts of every LLP shall be audited by Rule 24 of LLP, Rules 2009.Such rules, inter-alia, provide that any LLP whose turnover is at most forty lakh rupees in any financial year or whose contribution does not exceed twenty-five lakh rupees is not required to get its accounts audited. However, if the partners of such a limited liability partnership agree to get the accounts of such LLP, the accounts shall be audited only by such a rule.
Every partner of an LLP would be, for the business of the LLP, an agent of the LLP but not of the other partners. Liability of partners shall be limited in case of unofficial acts, negligence, and fraud. But a partner shall not be personally liable for any other partner's wrongful acts or omission. An obligation of the limited liability partnership, if only arising in contract, else is solely the obligation of the limited liability partnership. The liabilities of the LLP shall be met out of the property of the LLP.