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LLP Act Business Setup

Procedure for Incorporation of LLP using FiLLiP form

December 29, 2020 by Team Instabizfilings

A Limited Liability Partnership (LLP) is like an ordinary partnership in that several individuals or body corporate, known as the “Members”, share in the risks, costs, responsibilities and profits of the business. The difference is that liability is limited to the amount of money they have invested in the business and to any personal guarantees they have given to raise finance. This means that members have some protection if the business runs into trouble.

Incorporation Procedure:

STEP 1: Name Approval

Login MCA website: http://www.mca.gov.in/mcafoportal/runLLPService.do (by creating new user id or can use the existing user id).

MCA Services >> LLP services >> RUN LLP >> (web based Form)

New Incorporation>> Propose Maximum 2 Names >> Auto Check >> Comments (Existing Trademark or Significance of Proposed name) >> attach file if any as supporting Document (only 1 file not having size more than 6 MB)>> Submit Form >> Payment Gateway Copy SRN generated (*Note: Immediate Payment No Facility of Pay later Challan).

> Only One re-submission can be availed.

> As per Register office Fees Rules, Fees shall be Rs. 200/-

> 90 days validity of reserved name in case of RUN approval.

STEP 2: Preparation of Documents for Incorporation of LLP

Digital Signature Certificate (DSC):

(To be obtained by all Designated Partners)

1) Photo;

2) PAN – Self attested;

3) Address proof – Aadhar/ Bank Statement/Passport – Self attested;

4) Mobile number;

5) Email ID;

Name Application

1) Two Proposed name;

2) Main Object Clause;

3) If proposed name is resembling to existing company/ trademark then NOC in the form of Board resolution (BR) along with ID of person signing BR.

Registered office address Proof

1) Sale deed/Lease deed;

2) Utility bill (Electricity Bill) – not older than two months;

3) If on rented rent agreement along with rent receipt;

4) If on free consent then NOC from the owner of the property.

Designated Partners / Partners

1) ID Proof – Passport / Driving Licence / Voting ID;

2) Address Proof – Bank Statement or Passbook/ Electricity Bill/ Telephone bill/ Mobile Bill;

3) Email ID and Mobile No of Director/Shareholders

DIN related Information required

DIN related Information required-

1) Whether Citizen of India;

2) Whether residence of India;

3) Educational Qualification;

4) Place of Birth.

STEP 3: Preparation of e-form FiLLiP

1) Features of FiLLiP form:

Person can apply the Name also in this form-

Single Window Form:

Earlier if a Person wants to incorporate LLP then it has to apply for the DIN, Approval of the Name Availability, Separate form for Registered office address, etc. But this form is a single window for Incorporation of LLP.

This form can be used for the following purposes-

1) Application of DIN;

2) Application for Availability of Name;

3) No need to file separate form for address of registered office.

2) Purpose of the e-form:

a) FiLLiP deals with the single application for reservation of name, incorporation of a new LLP and/or application for allotment of DIN/DPIN.

b) This e-form is accompanied by all supporting documents including details of designated partners, partners etc. Once the e-form is processed and found complete, an LLP is registered and LLPIN is allocated.

c) Also DINs/DPINs gets issued to the proposed designated partners/nominee of body corporate designated partners who do not have a valid DIN/DPIN. Maximum 2 designated partners are allowed for using this integrated form for allotment of DIN/DPIN while incorporating an LLP.

3) Attachment to the e-form

a) Subscriber Sheet including consent

b) Proof of Registered Office including consent

c) Copy of Utility Bill

STEP 4: Prepare Form 3

Next Step after incorporation is to Prepare LLP Agreement having Stamp Paper Value not below 1% of Capital Contributed and to be signed by all the partners/ Designated Partner-

a) Download e-Form LLP-3 from: http://www.mca.gov.in/MinistryV2/llpformsdownload.html

b) Fill the Form and Attach LLP agreement and file the form with MCA within 30 Days from the date of LLP Incorporation.