The LLP registration procedure is fully online and involves filing forms with the Ministry of Corporate Affairs (MCA). Here’s the step-by-step process:
Step 1: Obtain DSC for all Partners
All designated partners must obtain a Digital Signature Certificate (DSC). A DSC is necessary to digitally sign the e-forms submitted to the MCA. A Class 3 DSC is usually required.
Step 2: Apply for DIN/DPIN
Every designated partner must have a Designated Partner Identification Number (DPIN).
- You can apply for DPIN for up to two individuals while filing the FiLLiP form. Additional DINs can be acquired by filing Form DIR-3.
- Additional partners can apply for a Director Identification Number (DIN) separately.
Step 3: Get the Name Approval for Your LLP (RUN-LLP)
Apply to the Registrar of Companies (ROC) using the RUN-LLP (Reserve Unique Name-LLP) form.
- You can propose two unique names.
- The name should not resemble any existing company/LLP or registered trademark.
You can also use RegisterKaro’s free company name checker tool to verify the availability of your chosen name.
Note: It should be noted that if rejected, the form can be resubmitted once.
Step 4: File Consent of Partners in Form 9
Each individual who is to be appointed as a designated partner must provide their consent in Form 9.
- Form 9 includes a declaration by the partners confirming that they are not disqualified under the LLP Act.
- This form must be filed along with the incorporation documents as part of the FiLLiP attachments.
Step 5: File for Incorporation of the LLP (FiLLiP Form)
After name approval and Form 9 consent, file the FiLLiP (Form for Incorporation of Limited Liability Partnership).
- This integrated form allows for incorporation and DPIN allotment for up to two partners.
- Required documents, such as proof of registered office address, ID, and address proofs of partners, must be attached.
Step 6: Draft and File the LLP Agreement
The LLP Agreement outlines the mutual rights and duties of partners and the LLP.
- It must be filed with the ROC in Form 3 within 30 days of incorporation.
- The agreement should be executed on stamp paper, and stamp duty varies by state (for Karnataka, as per the Karnataka Stamp Act).
Step 7: Obtain the Certificate of Incorporation
Once the FiLLiP and related forms are approved, the ROC issues a Certificate of Incorporation, which legally establishes your LLP as a separate legal entity.
Step 8: Apply for PAN and TAN of LLP
After incorporation, apply for a Permanent Account Number (PAN) and a Tax Deduction and Collection Account Number (TAN) for taxation and compliance purposes.
Note: If the LLP Agreement is not filed within the stipulated time, the partners will be governed by the default provisions outlined in Schedule I of the LLP Act, 2008.
For a smooth registration process and professional assistance with all legal and procedural requirements, you can always take professional advice or assistance.
Contact us for expert support to ensure seamless LLP registration in Andhra Pradesh.