- Process & Timeline for Starting LLP in India
Day - 1
The process starts with documentation of the proposed designated partners/partners and relating to the registered address of the LLP. Ensure that the documents are updated and correct. The list of documents required is provided above for your reference. We shall request the necessary information for LLP Registration in the Questionnaire.
Day - 1
Selection of Name
The Name of the LLP should be cross-checked with the ROC and the trademark registry to avoid any infringement of someone else Trademark or Other Company /LLP Name. The selection of a proper name should be the starting point, Learn the Guideline for Name Approval of the LLP.
Day - 1
Partners DSC for LLP Incorporation
DSC is equivalent to the physical or paper signature under the information technology act. For registration of LLP, all the applications to ROC are filed in digital format signed by designated partners of the LLP. The filing process starts with the issue of a digital signature for all the partners of the LLP.
Day - 2-5
Name Approval for LLP Registration
The application for the Name approval of LLP is submitted in FormForm RUN-LLP. It is a web-based application, where two names in order of preference can be filed with a note on the significance of the Name and the business activities.
Day - 5
ROC Filing for LLP Incorporation
The application of LLP Registration is filed in FILIP Form immediately after name approval. The partners KYC documents and proof of the registered address are submitted along with the application form. The FormForm, FILIP, is attested by a practicing Chartered Accountant, Company Secretary, Cost Accountant, or an Advocate practicing at High Court. The government filing fee for LLP Registration depends on the proposed capital/contribution of the LLP.
Day - 7
Registration of LLP with ROC
The final stage for the LLP registration is the Issue of Certificate of Incorporation for the LLP after the verification of the application for LLP Registration is filed in FormForm FILIP. The issuance of the registration certificate of LLP is the conclusive proof of the registration of the LLP by ROC.
Day - 8
Drafting of LLP Agreement and Filing to ROC
Post-registration of the LLP, the partners need to enter into a valid agreement on stamp paper of appropriate value as per respective state. The LLP agreement defines the mutual rights and duties of the partners, and the signature on the LLP Agreement should be done before a notary public. The duly signed LLP agreement is then filed with ROC in Form -3 within 30 days of the LLP Incorporation.
Day - 8
PAN Card & TAN Number for the LLP
The LLP needs to make an application in the prescribed Form 49A to the income tax department for the allotment of PAN, The acknowledgment of pan application for the LLP is received within the same day. However, the pan is allotted within a week. TAN number is a permanent number assigned to business for complying with the provisions of withholding tax (TDS). You are required to deduct TDS while making payments; hence, the next step is to obtain a TAN number, which is mandatory to submit TDS Returns.
Minimum Two Person
A Limited Liability Partnership (LLP) can be registered in India, by at least two persons, who shall act as the designated partners of the LLP. There is no cap on the maximum number of partners in an LLP form of business.
One designated partner of the LLP must be resident in India. A person is said to be resident if he or she stays in India for at least 182 days during the preceding financial year irrespective of their citizenship. The days of stay can be in phases.