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A Limited Liability Partnership (LLP) is a type of business structure in India which combines the benefits of a partnership and the limited liability of a company. It allows partners to have limited liabilities, protecting their personal assets from business debts.
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Limited Liability Partnership comes with its own pros and cons which is very important for decision making purposes
Process
Obtain DSC for proposed directors/partners of the company.
Apply for DIN for the proposed directors.
Choosing a unique company name will save huge time as it will increase chances of approval by Ministry of Corporate Affairs (MCA) or one should go file RUN (Reserve Unique Name).
File the incorporation documents including MOA and AOA with the MCA.
Once after the review, the MCA might either accept or raise queries regarding your application.
Following are the Compliances that will be required
LLPs are taxed as a partnership firm in India. The income of an LLP is taxed at 30%.
LLPs must file annual returns and statement of accounts with the Registrar of Companies (ROC).
If the LLP's turnover exceeds the threshold limit, it needs to register for Goods and Services Tax (GST) and comply with regular GST filings.
An audit is mandatory if the LLP's turnover exceeds Rs. 40 lakhs or the contribution exceeds Rs. 25 lakhs.
Following are the documents that will be required
Copies of PAN card, passport, voter ID, or driver's license of the designated partners.
Copies of recent utility bills, bank statements, or rental agreements for the office address.
Passport-sized photographs of the designated partners.
Lease deed or sale deed along with a NOC from the landlord.
The service package includes a comprehensive list of deliverables which includes the following.
Answered all frequently asked questions, Still confused? feel free to contact us.
No, physical presence is not required. Scanned copies of all the required documents & forms will hold good to complete the procedure online. Also, we at Taxkriya, always encourage faceless and paperless process in all our services. We also provide video/ audio call support at your convenience.
If the name availability and all the documents are in line with the registrar's expectations, within 15 days we will be able to get the approval. However, for name availability, you can avail the best support from our team of experts.
All existing partnership firm willing to get converted into an LLP have to apply through Form 17 (Application and statement for the conversion of a firm into LLP. Along with that, the Form 17 needs to be filed along with Form 2 (Incorporation document and Subscriber’s statement).
According to the procedure, Registrar of Companies (ROC) expects the applicants to follow the proper naming guidelines. And also sometimes, the approval depends and varies on the opinion of the officer verifying your application. However, for name availability, you can avail the best support from our team of experts.
Presently, there is no government fee if the authorised capital is less than Rs.15 lakhs. However, stamp duty is chargeable as per respective state government stamp duty provisions.
Every company shall file for commencement of business with Registrar within 180 days from the date of incorporation. Before that every subscribers should bring subscription capital into companies' accounts.
Not at all. After the LLP is formed, it will remain valid till it is officially wound up. But, annual returns and other compliances has to be followed by the LLP every year.
LLP Agreement is byelaws or rules on which important matters such as main business of the LLP, capital or meetings is fixed. It is a legal document prepared by Company Secretaries during its registration.
Yes, once after incorporation, LLP office address can be changed anytime.
Yes, non-resident Indians and foreign nationals can start an LLP in India, provided, one of the designated partners in an LLP should be a Resident in India. After submitting the necessary documents with notarization from the respective authorities in their country in which they stay, NRIs can get registered as designated partners in the LLP.
This is mainly because annual compliances, such as audit, applies to LLPs only after their turnover exceeds the prescribed amount.
LLP's Accounts has to be audited by a Chartered Accountant only if the turnover crosses Rs.40 lakh or contribution exceeds Rs.25 lakh.
Income tax is applicable to LLP @ 30.90% on net profit of the company.
MOA stands for Memorandum of Association and AOA stands for Articles of Association. These both are the byelaws or rules based on which signifant aspects like main business of the company or meetings is being decided. These legal documents are prepared by Company Secretaries during incorporation of the Company.
There is no minimum requirement as paid-up capital, it can be as low as Rs. 10,000
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